TCDS,J WP_9744_2020 1 APHC010157332020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 9744/2020 Between: S. Gulab Jaan, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K RAGHU VEER Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: TCDS,J WP_9744_2020 2 ORDER:- 1. The petitioner claims that she is the owner of land admeasuring an extent of Ac.01.46 cents in Sy.No.219/2A and the 3rd respondent issued pattadar pass books and title deeds in her favour vide patta No.112 of Gownithimmepalli Village, Baireddipalle Mandal, Chittoor District. 2. Apart from the said lands, she also claims that she is in possession of an extent of Ac.0-20 cents in Sy.No.220 for the past 30 years. It is her further case that she has spent huge amount to bring the said land fit for cultivation. 3. She further states that the 3rd respondent visited the land of Ac.0.20 cents in Sy.No.220 and made certain markings for distribution of house site pattas under the scheme of Navaratnalu Pedalandariki Illu. It is further case that, the 3rd respondent without following the procedure contemplated under Andhra Pradesh Land Encroachment Act, 1905, tried to dispossess the petitioner highhandedly. In those circumstances, she approached this Court by filing the present writ petition. 4. This Court by order dated 09.07.2020, directed the respondents not to dispossess the petitioner from the subject TCDS,J WP_9744_2020 3 lands without following due process of law, if she is in possession of subject lands. On the other hand, the 3rd respondent filed counter affidavit admitting that the petitioner is the owner of land admeasuring an extent of Ac.0-51 cents in Sy.No.219/2A of the said village. In so far as the subject land is concerned, the 3rd respondent categorically denied that the petitioner is not in possession of the land and the same is classified as Thopu Poramboke in revenue records. 5. It is further stated that the petitioner never encroached in to the subject lands and the same is free from of encumbrance. In view thereof, the subject land is identified for allotment of house site pattas under the said scheme. It is further averred that the present writ petition is filed with a malafide intention to grab valuable land belonging to government. 6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 7. Perused material available on record. 8. The counsel for the petitioner would contend that the petitioner is in possession of land in an extent of Ac.0-20 cents in Sy.No.202 of Gownithimmepalle Village, Baireddipalle Mandal, Chittoor District. In support of her clam, she did not file any TCDS,J WP_9744_2020 4 documentary proof to show she is in possession of the property in dispute. Further along with the writ petition she filed copy of adangal in respect of Sy.No.202 and on perusal of the same, it is clearly mentioned that the lands belongs to government. 9. Further, the 3rd respondent specifically denied the possession of the petitioner and stated that the land is free from encumbrance. Though the counter affidavit was filed in September 2020, no reply affidavit is filed by the petitioner nor any document is placed in support of her claim over the subject lands. 10. In the absence of any material to substantiate that she is in possession of the land in dispute, the claim of the petitioner cannot be believed and accordingly, the writ petition is dismissed. 11. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR 28.03.2025 DR TCDS,J WP_9744_2020 5 119 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WP No.9744 of 2020 Date 28.03.2025 DR