Extracted from the PDF above. The PDF is authoritative.
APHC010207162020
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.13573/2020 Between: T Raja Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. G VENKATA REDDY Counsel for the Respondent(S):
1. GP FOR REVENUE The Court made the following:
ORDER:-
1. It is the case of the petitioner that his maternal aunt Smt. Gunji Chinna Murtimma, W/o.Vallepu Ankamma adopted the petitioner when he was three (03) years old and after attaining the majority, she performed the marriage of petitioner. It is further case of the petitioner that his maternal aunt was died on
29.03.2019. 2. It is further case of the petitioner that his maternal aunt was the absolute owner and possessor of land admeasuring an extent of Ac.0-51 cents in Sy.No.504/B and an extent of Ac.0- 27 cents in Sy.No.505 of Guntupalli limited, China Ambadipudi Village, Ballikurava Mandal, Prakasam District. During her life time, she executed will deed dated 25.02.2014 in favour of the petitioner bequeathing land admeasuring an extent of Ac.0-27 cents in Sy.No.505 of Guntupalli limited, China Ambadipudi Village, Ballikurava Mandal, Prakasam District. 3. After the demise of his maternal aunt, the petitioner came into possession of the said land and enjoying the same as absolute owner. The petitioner also filed copy of possession dated 20.06.2020 to show his possession over the subject land. It is further case of the petitioner that on 21.07.2020, the 3rd respondent along with his staff visited the subject lands and started taking measurements. When the said action of the 3rd respondent was question, he was informed that the said land is identified for grant of house site pattas. Thereafter, the petitioner approached the 3rd respondent on 22.07.2020 by placing all the documents in support of his claim. In pursuance thereof, the 3rd respondent assured the petitioner he would look into the matter and pass appropriate orders thereon. 4. Despite the same, it is contended by the petitioner that the 3rd respondent again tried to dispossess the petitioner on 23.07.2020 without issuing any notice. Question the said action of the 3rd respondent the present writ petition is filed. 5. On the other hand, the 3rd respondent filed a counter stating that as per FLR, land admeasuring an extent of Ac.0-77 cents in Sy.No.505 of Guntupalli limited, China Ambadipudi Village, Ballikurava Mandal, Prakasam District is classified as
“Gayalu” i.e., government land. It is further stated that the revenue authorities did not issued DKT patta to anybody including the maternal aunt of the petitioner over the said land.
It is further
averred that as the said land belongs to government and the same is free from encroachment, it is identified for the purpose of distribution of house site pattas to the poor and needy under Navaratnalu Pedalandariki Illu scheme. It is further contended that the petitioner does not have any right, title or interest over the land in dispute and prayed to dismiss the writ petition. 6. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 7. Perused material available on record. 8. It is case of the petitioner that he is in possession of land admeasuring an extent of Ac.0-27 cents in Sy.No.505 of Guntupalli limited, China Ambadipudi Village, Ballikurava Mandal, Prakasam District. Along with the writ petition he filed copy of cist receipts in respect of the subject land and apart from the same he also filed possession certificate dated 20.06.2020. 9. This Court while ordering notice directed the respondents to maintain status-quo by order dated 10.08.2020. The said order is subsisting as on today. In view of the rival
contentions made by the parties, the present writ petition is
disposed of directing the respondents not to dispossess the
petitioner from the subject land i.e., an Ac.0-27 cents in Sy.No.505 of Guntupalli limited, China Ambadipudi Village, Ballikurava Mandal, Prakasam District except in accordance with law.
10. Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.03.2025 DR
309 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR
WP No.13573 of 2020 Date 28.03.2025
DR