1 APHC010172942020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10947/2020 Between: Adabala Veerayya and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER: Heard Sri Ponnada Sree Vyas, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, appearing for the respondents. 2. Being aggrieved by the action of the respondents, in interfering with the peaceful possession and enjoyment of 1st petitioner’s land in an extent of Ac.0.40 cents in R.S. No.665/5 of Sakhinetipalli (V) & (M), East Godavari District, the 2nd petitioner’s land of Ac.0.45 cents in R.S. No.665/5 of 2 Sakhinetipalli (V) and (M), East Godavari District, the 3rd petitioner’s land to an extent of Ac.0.10 cents in R.S. No.543/7, Ac.0.13 cents in R.S. No.543/10 and Ac.0.18 cents in R.S. No.522/2 of Sakhinetipalli (V) and (M), East Godavari District, the 4th petitioner’s land to an extent of Ac.0.35 cents in R.S. No.521/3 of Sakhinetipalli (V) and (M), East Godavari District, the 5th petitioner’s land to an extent of Ac.3.11 cents in various sub divisions of R.S. No.665 of Sakhinetipalli (V) and (M), East Godavari District, the 6th petitioner’s land to an extent of Ac.1.17 cents in R.S. No.665/5 of Sakhinetipalli (V) and (M). East Godavari District, the 7th petitioner’s land of an extent of Ac.0.60 cents in R.S. No.665/5 of Sakhinetipalli (V) and (M), East Godavari District, the 8th petitioner’s land of an extent of Ac.0.54 cents in R.S. No.746/5 of Gudimellanka village, Malkipuram Mandal, East Godavari District, the 9th petitioner’s land to an extent of Ac.0.53 cents in R.S. No.543/1 of Gudimellanka village, Sakhinetipalli Mandal, East Godavari District, in order to allot subject lands to the beneficiaries of the scheme launched by the government viz, “Navaratnalu Pedalandiriki Illu”, the instant Writ Petition has been filed. 3. It is contended that the petitioners are the statutory tenants in respect of the subject properties in terms of the provisions of the A.P. Tenants Act, 1956. The said properties originally belonged to one Sri Jana Veerabadrayya of Mori village, who filed a declaration and the same was accepted by the government on 16.09.1991, under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. It is contended that even 3 prior to the filing of the said declaration, petitioners and their predecessors were recognized as cultivating tenants in respect of the said properties. They filed a claim petition before the Land Reforms Tribunal to recognize them as statuary tenants in respect of the subject properties. Against the order of the Land Reforms Tribunal, rejecting their case, the predecessors of the petitioners have filed an appeal in L.R.A. No.103/1991, before the Land Reforms Appellate Tribunal. The said Appellate Tribunal vide order dated 20.02.1993, recognized that the petitioners as cultivating tenants in respect of the subject properties. It is contended that the said order has become final and the petitioners are continuing in their possession of the subject properties as tenants. Thereafter, unofficial respondents have attempted to evict to the petitioners from the subject properties, in order to issue house site pattas in favour of the beneficiaries of the scheme launched by the government. 3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed on record a copy of the instructions received by him from the Tahsildar, dated 08.01.2025. A perusal of the same would reflect that that the government have not taken any steps for acquisition of the properties belonging to the petitioners as averred in the Writ Petition. And that the Revenue Officials acquired the land from the land owners, who voluntarily accepted for acquisition of the lands for the purpose of issuance of house site pattas. Thus prays for the dismissal of the present Writ Petition. 4 4. The instructions of the 4th respondent – Tahsildar, are placed on record. 5. Recording the said submission, the Writ Petition is disposed of, directing the respondents not to dispossess the petitioners without following due process of law. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:27.01.2025 MVK 5 278 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.10947 of 2020 Date:27.01.2025 MVK