Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 21759 (AP)

Smt. G.Renuka v. The State of Andhra Pradesh

WP/18385/2021 · 2025-01-09

Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010308392021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18385/2021 Between: Smt. G.renuka and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following The grievance of the demolish and dispossess the petitioners from their peaceful possession and enjoyment of the House sites beaing VHS.No.725/1428, VHS.No.726/1428, VHS.No.730/1428, VHS.No.731/1428 and VHS.No.732/1428 dated 19.11.2013 for an extent of Ac.0.03 cents each in Sy.No.1131/5 of Doddipalli village, Piler Mandal, Chittoor District without following due process of law. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18385/2021 ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): VUTUPALLI RAJANNA Counsel for the Respondent(S): The Court made the following Order: The grievance of the petitioners is that the 4th respondent is trying to the petitioners from their peaceful possession and enjoyment of the House sites beaing Nos.VHS.No.723/1428, VHS.No.725/1428, VHS.No.726/1428, VHS.No.730/1428, VHS.No.731/1428 and VHS.No.732/1428 dated 19.11.2013 for an extent of Ac.0.03 cents each in Sy.No.1131/5 of Doddipalli village, Piler Mandal, Chittoor District without rocess of law. IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER(S) ...RESPONDENT(S) respondent is trying to the petitioners from their peaceful possession and Nos.VHS.No.723/1428, VHS.No.725/1428, VHS.No.726/1428, VHS.No.730/1428, VHS.No.731/1428 and VHS.No.732/1428 dated 19.11.2013 for an extent of Ac.0.03 cents each in Sy.No.1131/5 of Doddipalli village, Piler Mandal, Chittoor District without 2 02. Heard Sri Vutupalli Rajanna, learned counsel for the petitioners and Sri Praneeth, learned Assistant Government Pleader for Revenue. 03. Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that the respondent authorities high handedly in a manner unknown to law are trying to demolish the petitioners’ property. If such action of the respondents is materialized it effects the rights of the petitioners. This Court granted an order of Status Quo. In the counter filed by the respondents they have categorically stated that the original assignees have sold the land to the 3rd parties. Now the petitioners have been allotted house site by the Tahsildar, the respondents cannot dispossess the petitioners highhandedly and accordingly, prayed to pass appropriate orders protecting the interest of the petitioners. 04. On the other hand, Sri Praneeth, learned Assistant Government Pleader on counter submitted that there are certain encroachments took place in the land in Sy.No.1131/5 to an extent of Ac.3.41 cents of Doddipalli village, Piler Mandal. Wherein on the instructions of the District Collector, the Revenue officials have removed the ongoing constructions of 17 houses and also erected a sign board in the subject land showing that it is a Government land and trespassers will be prosecuted and the District Collector, Annamayya, has also observed so many encroachments in the subject land and instructed to evict all the encroachments in the subject land except those comes under the purview of G.O.Ms.No.225 as well as the six encroachments covered in W.P.No.18385 of 2021 and in view of the same prayed to dismiss the writ petition. 05. Perused the material available on record and considered the submissions of both the learned counsel. 3 06. It is not in dispute that the petitioners are in possession of the subject property. Whether the petitioners’ possession is legal or not, this Court is not inclined to adjudicate by going into the merits of the case. However, the authorities categorically stated that except the petitioners’ encroachments, all other ongoing constructions are removed. 07. In view of the same, taking into consideration of the said instructions, this Court is inclined to dispose of the writ petition by passing the following order: Accordingly, this writ petition is disposed of, directing the respondents not to dispossess the petitioners from the subject property. If the respondents have any intention they have to follow due process contemplated under the law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any shall stands closed. ______________________________ JUSTICE RAVI CHEEMALAPATI 09th January, 2025 KKV 4 258 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No:18385/2021 Date: 09.01.2025 KKV 5 HIGH COURT OF ANDHRA PRADESH WRIT PETITION No:18385/2021 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 04. 09.1.2025 RC, J The Writ Petition is disposed of. (Vide Separate Order) ________ RC, J KKV