Andhra Pradesh High Court - Amravati
T.Hemalatha vs The State Of Andhra Pradesh, on 18 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.14513 of 2019
ORDER:
This writ petition is filed to 'declare the action of the respondents in trying to dispossess the petitioner from her house site bearing No.81 in Sy.No.652/10, situated in Bodumalluvaripalle village, Piler Mandal, Chittoor District, without following due process of law, as illegal and arbitrary'.
Case of the petitioner is that, the government issued notification calling for the applications from the below poverty people for allotment of house site plots; pursuant to the said notification, petitioner made an application and house site patta was granted to her on 30.08.2018 by allotting Plot bearing No.81; after change of the government, the 3rd respondent is directing the petitioner to handover patta granted to her. Hence, the writ petition.
Learned counsel for the petitioner submits that the patta granted in favour of the petitioner is not cancelled and without any notice whatsoever, the respondents are trying to dispossess the petitioners from the subject land and that in similar facts and circumstances, when there was threat of dispossession, different plot owners of the same Survey number, filed WP No.11280 of 2019 and this Court disposed of the said writ petition on 21.08.2019 directing the Tahsildar to follow the procedure established under law before evicting the petitioners from their respective plots.
Learned Government Pleader for Revenue passed on the written instructions of the Tahsildar dated 30.09.2019, which form part of the record, stating that the respondents did not take any action to dispossess the petitioner and that the District Collector constituted a team of Committee vide proceedings dated 28.09.2019, directing to conduct an enquiry on all the encroachments of government lands and DKT lands in the five villages of Piler Mandal under the supervision of the Deputy Collector and to submit a report within fortnight; apprehending dispossession pursuant to the said enquiry, petitioner filed the present writ petition.
In the similar facts and circumstances of the case this Court disposed of WP No.11280 of 2019 directing the 3rd respondent to follow the procedure established under law before evicting the petitioners from their respective plots. In view of the same, pursuant to the enquiry, if it is found that the petitioner is not entitled to retain the subject plot, which was allotted to her on 30.08.2018, respondents are directed to follow the procedure established under law before evicting the petitioner from the subject land.
The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 18.10.2019 BSS HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.14513 of 2019 13 Date: 18.10.2019 BSS