Andhra Pradesh High Court - Amravati
Sankarasetty Usha Rani vs State Of Andhra Pradesh on 13 April, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 'i\
MONDAY, THE THIRTEENTH DAY OF APRIL 'r,
.b
TWO THOUSAND AND TWENTY
: PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO: 8159 OF 2020
Between:
Sankarasetty Usha Rani, D/o Ranga Rao, Aged 30 years, C/o. S. P. Naidu, Flat
No.503, Chamanthi Apartment, Ward no.12, Beside Poojitha Water Front,
Tadepalli, Guntur District.
...Petitioner
AND
1 The State of Andhra Pradesh, Dept. of Revenue, Rep by its Principal
Secretary,Secretariat Buildings, Velagapudi, Amaravathi.
2 The District Collector, Guntur, Guntur District.
.)
J The Revenue Divisional Oficer,Guntur, Guntur District.
4^ The Tahasildhar, Tadeaplli Mandal, Guntur District
...Respondents
Petition under Article 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue an order or direction more particularly one in the nature of writ of mandamus
declaring the action of the respondents in dispossessing /evicting the petitioner from the
land admeasuring Ac.0.1 0 cents situated in Sy. No. 1 50-24 of Tadepalli Mandal, Guntur
District for allotting house sites under "Navarathnalu - Pedalaku lllu" SCHEItIE, in the
land of the petitioner without issuing any notice and without following the due process of
law as illegal arbitrary.
lA NO: 1 OF 2020
Petition under Section 151 of CPC praying that in the circumstances stated in the
affidavit filed in support of the Writ petition, the High Court may be pleased to direct the
respondent authorities not to allot or assign the land admeasuring Ac.O.10 cents
situated in Sy.No 150-24 of Tadepalli Mandal, Guntur District for house sites under
"Navarathnalu - Pedalaku lllu" scheme, pending disposal of WP 8159 of 2020 on the file
of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of STi.VENKATESWARLU
POSANI, Advocate for the Petitioner, GP FOR REVENUE for the Respondents and the
Court made the following.
ORDER:
Heard the learned counsel for petitioner Sri Posani Venkateswarlu. None appeared for respondents representing the State i.e. learned Government Pleader for Revenue.
Post after three weeks The petitioner is in possession and enjoyment of house site in an extent of Ac.0.10 cents in Sy.No.'150-2A situated at lppatam village, Tadepalli Mandal, Guntur District and it was assigned to her by granting D-Form patta vide R.C.No.99/2009/A dated 20.01.2009. But as per the allegations, the assignment granted in favour of the petitioner is not yet cancelled and no order is passed for resumption of land by following the procedure under Rule 3 of A.P Assigned Lands (Prohibition of Transfers) Act, 1977. Until, patta granted in favour of the petitioner is cancelled or the land is resumed by passing appropriate order for violation of any terms and conditions of patta, the petitioner cannot be dispossessed from the land.
Hence, there shall be interim direction to respondents not to dispossess the petitioner from subject land, until appropriate order is passed for resumption of land as per the provisions of A.P Assigned Lands (Prohibition of Transfers) A.ct, 1977, if the petitioner violated any of the conditions of patta.
SD/. M. SURYANADHA. RI,DDY ASSISTAN'T REGIS'IILA.R //TRUE COPY// FoT ASSISTANT REGISTRAR To,
1. The Principal Secretary,Department of Revenue, Velagapudi, Amaravathi (by RPAD)
2. The District Collector, Guntur District. (by RPAD)
3. The Revenue Divisional Officer, Guntur District (by RPAD)
4. The Tahasildhar, Tadeaplli tt/andal, Guntur district (by RPAD)
5. One cc to Sri.Venkateswarlu Posani, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. One spare copy VST HIGH COURT MSMJ DATED: 1310412020 ORDER WP.No.8159 of 2020 1 5 rpn rrfl! INTERIM DIRECTION