APHC010178672020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11398/2020 Between: Seepana Venkata Rao and Others ...PETITIONER(S) AND State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. KRISHNA RAO MODHALAVALASA Counsel for the Respondent(S): 1. GP FOR REVENUE 2 The Court made the following order: The petitioners claim that they are absolute owners and possessors of land admeasuring an extent of Ac.0.09 cents, 0.18 cents, 0.19 cents respectively in Sy.No.71, situated at Bammidinivagam Village, Grama Panchayath, Kotturu Mandal, Srikakulam District, which are classified as grama kantam. They would further submit that the Government issued G.O.Ms.No.187, dated 27.05.2015, withdrawing the grama kantam lands from the purview of Section 22(A) of the Registration Act, thereby permitting the registrations over the lands in dispute. 2. It is further case of the petitioners that, the respondent Nos.3 & 4 tried to interfere with their possession over the subject property so as to distribute house site pattas to the eligible beneficiaries under Navaratnalu Pedalandariki Illu Scheme, without issuing any notice or following the due process of law. The petitioners would further submit that they approached the respondent Nos.3 & 4 and produced all the relevant documents in support of their claim. However, the respondents continued to interfere with their possession and directed them to vacate the subject property on the ground that it had been identified for 3 distribution of house sites. Aggrieved by the said action, the present writ petition is filed. 3. On the other hand, the 4th respondent filed counter affidavit admitting the petitioners’ possession over the subject property. However, the respondent denied the copies of adangals submitted by the petitioners, alleging that the petitioners had fraudulently got entered their names without there being any valid documents in their favor. It is further averred in the counter affidavit that, mere entry in the revenue records does not confer any title on the petitioners. It is further case of the 4th respondent that, since the land is vacant and suitable for distribution of house site pattas, it has been identified for allocation under the Navaratnalu Pedalandariki Illu Scheme. Apart from the same, it is stated that, it is also proposed to construct Village Secretariat, Rythu Barosa Kendram and an ANM Sub-Center buildings in Sy.No.71 of the said village. It is further averred that the petitioners, with a malafide intention, are attempting to encroach upon the valuable government land and, prayed to dismiss the writ petition. 4 4. While ordering notice, this Court by order dated 14.07.2020, directed the respondents not to interfere with the possession of the subject lands for a period of two (02) weeks. Subsequently, the said interim order was extended from time to time. 5. It is not in dispute that the petitioners are in possession of the subject land, as admitted by the 4th respondent in his counter affidavit. A perusal of the adangals filed along with the writ petition reflects the petitioners’ names with respect to the subject land. It is also not in dispute that, though the land is identified for distribution of house site pattas, no notice was issued to the petitioners before taking any action, including for resumption of land. Further, having admitted the petitioners’ possession, it is incumbent on the part of the 4th respondent to issue notice before initiating any action against them. In the absence of such notice, the respondents cannot dispossess the petitioners without following due process of law. 6. As already stated supra, this Court by order dated 14.07.2020, directed the respondents not to dispossess the petitioners and the said order is subsisting till today. In view of the 5 foregoing reasons, this Court feels it is appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioners’ possession over land admeasuring an extent of Ac.0.09 cents, 0.18 cents, 0.19 cents respectively in Sy.No.71, situated at Bammidinivagam Village, Grama Panchayath, Kotturu Mandal, Srikakulam District, except in accordance with law. 7. With the above direction, the present writ petition disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. ______________________ JUSTICE T.C.D. SEKHAR Dt.06.03.2025 DSB 6 166 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.11398 of 2020 Date: 06.03.2025 U DSB