Andhra Pradesh High Court - Amravati
Pesala Benny vs The State Of Ap on 3 March, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.5278 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, order or direction more particularly one in the nature of writ of "Mandamus" declaring the action of the respondents in interfering over the right and possession of the petitioner in respect of land with an extent of Ac.2-89 cents in S.No.1570/4 of Chennampalle Revenue Village in Badvel Mandal in YSR Kadapa District granted in petitioner's favour under DKT Patta No.80/99 dated 29.03.1990 as being illegal, arbitrary, unconstitutional and set aside the notice vide B/67/2020 dated 16.02.2020 addressed to whomsoever concerned and consequently direct the respondents not to dispossess the petitioner in respect of land with an extent of Ac.2-89 cents in S.No.1570/4 of Chennampalle Revenue Village in Badvel Mandal in YSR Kadapa District."
The petitioner is the landless poor person, he was granted patta in the year 1990 in an extent of Ac.2-89 cents in Sy.No.1570/4 of Chennampalle Revenue Village, Badevel Mandal, YSR Kadapa District. From the date of assignment, the petitioner is in possession and enjoyment of the subject property. The land was brought under cultivation by spending huge expenditure before grant of patta itself. Therefore, considering the long and uninterrupted possession, DKT patta issued in favour of the petitioner. Pattadar pass book and title deed were also issued vide Patta No.49.
While the matter stood thus, respondent No.4 affixed a notice vide B/67/2020, dated 16.02.2020 addressed to whomsoever concerned in the said land stating that the petitioner is an 'encroacher' and asked him to give reply. Immediately, the petitioner approached the Tahsildar's office along with the notice, but, respondent No.4 herein not at all heed the words of petitioner and MSM,J WP_5278_2020 2 threatening to interfere with the peaceful possession and enjoyment of the petitioner over the subject land.
The petitioner produced a copy of DKT patta, pattadar pass book and title deed in support of his contention. When a patta was granted in favour of the petitioner, issuance of notice dated 16.02.2020 under the provisions of the Andhra Pradesh Land Encroachment Act is a serious illegality. If the petitioner violated any terms and conditions of patta, a course open to the respondents is under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act IX of 1977"), but for the reasons best known to respondent No.4, the said notice issued illegally and requested to issue a direction as prayed in the writ petition.
Learned Assistant Government Pleader for Assignments fairly admitted about issue of patta in favour of the petitioner in the year 1990 in an extent of Ac.2-89 cents in Sy.No.1570/4 of Chennampalle Revenue Village, Badevel Mandal vide DKT Patta No.80/99, dated 29.03.1990 and his name was also mutated in the revenue records, while contending that the petitioner encroached the other land in Sy.No.1570 and requested to pass appropriate order.
It is an undisputed fact that a patta was issued in favour of the petitioner on 29.03.1990 vide DKT patta No.80/99 subject to certain conditions. It is not the case of respondents that the petitioner violated the terms and conditions of DKT patta.
The petitioner also obtained pattadar pass book and title deed for the subject land and the said contention is substantiated by producing the photostat copies of pattadar pass book and title deed. Hence, I find prima facie that the petitioner is in possession and MSM,J WP_5278_2020 3 enjoyment of the land in an extent of Ac.2.89 cents in Sy.No.1570/4 of Chennampalle Revenue Village.
Whereas, respondent No.4 issued notice under Section 6 of the Andhra Pradesh Land Encroachment Act vide B/67/2020, dated 16.02.2020 alleging that the petitioner encroached land in an extent of Ac.2.89 cents in Sy.No.1570/4 of Chennampalle Village and manufacturing bricks in the land. When, once the petitioner was assigned an extent of Ac.2.89 cents in Sy.No.1570/4 of Chennampalle Village, the possession of this petitioner cannot be described as unlawful, illegal or unauthorized and he is in lawful possession, being beneficiary under the assignment i.e. DKT patta No.80/99, dated 29.03.1990. Therefore, invoking jurisdiction under the provisions of the Andhra Pradesh Land Encroachment Act and issuing notice for the land assigned to this petitioner calling upon him to remove the encroachments is a serious illegality. Hence, the notice is hereby declared as illegal and arbitrary while setting aside the same.
In the result, the writ petition is allowed, declaring the notice impugned in the writ petition as illegal and arbitrary, while directing the respondents not to dispossess this petitioner from the land in an extent of Ac.2.89 cents in Sy.No.1570-4 of Chennampalle village. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 03.03.2020 Ksp