APHC010226762020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14950/2020 Between: B. Jyothi Kumar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: 1. The petitioner claims that he was allotted house site patta to an extent of Ac.0.05 cents in Sy.No.163/4 of Katiperi Village, Chowdepalle, Chittoor District. It is further case of the petitioner that since the date of allotment of said patta, he is in possession and enjoyment of the same without any interruption. 2. It is further contended that the Andhra Pradesh State Housing Corporation also granted permission for construction of house on 27.06.2009 vide beneficiary id No.101433816P1779632 in favour of the petitioner. It is further case of the petitioner that by virtue of the said permission accorded by the Corporation, he raised residential house over the said land. 3. It is further case of the petitioner that the 5th respondent along with his staff came to the subject property and tried to dispossess the petitioner forcefully without following due process of law by stating that the subject land is required for allotment of house sites for eligible beneficiaries under Navaratnalu Pedalandariki Illu scheme. Since the 5th respondent tried to interfere with the possession of the petitioner, without issuing any notice, the present writ petition came to be filed. 4. On the other hand, the 5th respondent-Tahsildar filed counter affidavit stating that Sy.No.163/4 admeasuring an extent of Ac.0.32 cents is classified as Gramakantam Poramboke and the same is identified for construction of Village Secretariat, Welfare Centre and Rythu Barosa Centre. It is averred in the counter that the petitioner is not in possession and enjoyment of the subject land. It is also contented by the respondents that the brother of the petitioner is working as Government teacher and father of the petitioner worked as Panchayat Officer and in view of the same, the petitioner is not entitled to any patta. Despite the same, he approached the respondents with false information and got patta over the subject land in his favour. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 6. It is not in dispute that the petitioner was allotted land admeasuring an extent of Ac.0.05 cents in Sy.No.163/4 of Katiperi Village, Chowdepalle Mandal, Chittoor District. The petitioner also filed copy of the said patta issued by the then Tahsildar along with the permission dated 27.06.2009 issued by the Andhra Pradesh State Housing Corporation for construction of house in his favour. 7. It is needless to mention that the 5th respondent- Tahsildar also admitted in the counter that the petitioner was granted DKT patta over the subject land but it was contended that, the same was obtained by furnishing false information and by suppressing the factum of his brother and father are Government employees and therefore, the patta granted in favour of the petitioner is liable to be cancelled. 8. Admittedly, the then Tahsildar issued pata in favour of the petitioner. On perusal of the counter affidavit, except stating that the petitioner is not entitled to have house site patta, nothing is placed on record to show that the respondent had initiated any action as against the petitioner so far. If the petitioner obtained patta by furnishing false information, it is always open to the respondents to initiate action against him by following the procedure contemplated under law. 9. In view of the same, the Writ Petition is disposed of directing the respondents not to dispossess the petitioner from the subject land except in accordance with law. 10. With the above observation, the Writ Petition is disposed of. This order will not preclude respondents from any action as provided under law. No costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 21.03.2025 JLV 267 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14950/2020 Date: 21.03.2025 JLV