Andhra Pradesh High Court - Amravati
Mudragada Appala Narayana vs The State Of Ap on 27 September, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.31549 of 2022
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in making efforts to dispossess the petitioner from his cultivating land situated in survey no.494-6 admeasuring to the extent of Ac.3.00cents situated at Reddipalli village, Padmanabham Mandal, Visakhapatnam District without following the procedure established by the law as observed by this Hon'ble Court in the case of Yatam Bangaru Venkamma and another vs. State of Andhra Pradesh (2020 Law Suit (AP) 836 as illegal and arbitrary and consequently direct the authorities not to interfere over the possession of the petitioner's land to an extent Ac.3.00cents situated at Reddipalli village, Padmanabham Mandal, Visakhapatnam District without following the procedure established by the law and further declare the action of the authorities in cutting down 200 teak trees, 11 coconut trees, mango tope, cashew tree with proclainer forcefully having no manner in right, illegal duly ordering to pay compensation to the petitioner.
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2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.
3. Learned counsel for the petitioner would submit that the petitioner was granted patta long back and accordingly he was in possession of the property. When the third parties are trying to interfere, the petitioner had filed suit on the file of the Junior Civil Judge, Bheemunipatnam and the same was numbered as O.S.No.380/2007 and the said suit was decreed on 03.7.2008 in favour of the petitioner. Now the respondents are trying to interfere with the possession of the petitioner without following due process of law. Hence the writ petition.
4. Learned Assistant Government Pleader appearing on behalf of the respondents, on instructions from the 5th respondent, would submit that, as claimed by the petitioner, no patta has been granted in favour of the petitioner and as per the revenue records it is classified as "Gayalu" (Government land). The petitioner was never in possession of the land.
5. On perusal of the decree passed by the competent civil Court and also on perusal of the written instructions submitted by the learned Assistant Government Pleader, shows that the petitioner is in possession of the subject property but as far as title is concerned, respondents are disputing about it. But as the petitioner's possession was already recognized by the competent civil Court, hence the 3 respondents are directed not to dispossess the petitioner from the subject property without following due process of law.
6. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous petitions, if any, pending in this petition shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 27.9.2022 RD 4 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.31549 of 2022 Dated 27.9.2022 RD