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2025 DAILYLAW 14819 (AP)

Narayanpet Bashir Ahmed (DIED) v. The State of Andhra Pradesh,

WP/9952/2021 · 2025-02-06

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010186372021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9952/2021 Between: Narayanpet Bashir Ahmed (died) and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: The short grievance of the petitioners is that the respondent authorities are trying to evict them from their agricultural land, admeasuring Ac.2.24 cents in RS.No.68 of Bychigeri Village, Adoni Mandal, Kurnool District, without following the procedure contemplated under law. 2. Heard Sri M.R.K. Chakravarthy, learned counsel for the petitioners and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue. 2 3. Learned counsel for the petitioners, while reiterating the contents of the affidavit, submitted that the revenue authorities have issued D-form patta and pattadar pass books in favour of the 1st petitioner way back in the year 2011 in respect of the subject property. When the respondent authorities tried to interfere with the petitioners’ property, the petitioners filed the present writ petition, and this Court has granted an interim order directing the respondents not to take any coercive steps. In view of the same, prayed to allow the writ petition treating the interim orders as final orders. 4. On the other hand, Sri Venkata Satyanarayana, learned Assistant Government Pleader, on counter, submitted that, as per the revenue records, the subject land is a Government land, classified as “Rallagutta” and has not been converted it from G.U. to A.W. land for assignment. He further submitted that the D-Form patta issued in favour of the 1st petitioner has not been traced, and the entries of pattadar pass books and tile deed details are not entered in 1B Register in respect of the subject land. As such, the writ petition is meritless and deserves dismissal. 5. Perused the record and considered the submissions made by the learned counsel for both parties. 6. The contention of the petitioners is that the revenue authorities have issued pattadar passbooks and a D-form patta vide DAR/Dis.1/1420, dated 24.01.2011, in favour of the 1st petitioner. In the counter, the authorities have categorically stated that the subject land is a Government land, classified as “Rallagutta”, and the petitioners are not cultivating in the subject land. There is no material 3 placed on record by the petitioners to show that they are cultivating the subject land. However, the record shows that the petitioners are in possession of the subject land since 2011. It is well settled law that once any individual is in occupation of the Government land, they are entitled to a notice before eviction. As such, this Court is inclined to dispose of the present writ petition by passing the following order: “The respondent authorities are directed not to interfere with the land admeasuring Ac.2.24 cents in Rs.No.68 of Bychigeri Village, Adoni Mandal, Kurnool District, except under due procedure contemplated under law. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 06.02.2025 ANS 4 446 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9952/2021 Date: 06.02.2025 ANS