APHC010000322021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23/2021 Between: Binidugadda Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: The grievance of the petitioner, in short, is that, the respondent authorities are trying to dispossess her from the subject land and intending to distribute house site pattas in R.S.No.243P admeasuring Ac.0.50 cents situated in Devulapalli Village, Jangareddigudem Mandal, West Godavari District, without acquiring or paying compensation to her. 2. Heard Sri T.V.Jaggi Reddy, learned counsel for the petitioner and Sri Praneeth, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner submitted that the respondent authorities have assigned the subject land and issued D-form patta to the petitioner’s mother on 19.01.2008 and after demise of the petitioner’s mother, the subject land devolved upon the petitioner (through Will dated 12.10.2014) and she is in enjoyment and possession of the said land. While so, the staff of the 4th respondent informed the petitioner that, the subject land is identified for distribution of house site pattas under ‘Nava Ratnalu Pedalandariki Illu’ scheme and attempted to dispossess the petitioner from the subject land. As such filed the present writ petition and this Court was pleased to grant interim order on 04.01.2020 directing the respondents not to dispossess the petitioner without following the due process of law, if the petitioner is in possession of the property. Learned counsel for the petitioner further submitted that, if the respondent authorities proceed with the distribution of house site patta with respect to subject land, the petitioner will be put to suffer irreparable loss and hardship, as she is eking out her livelihood by cultivating the subject land. Hence, prayed to pass orders treating the interim order as final order. 4. Whereas, learned Assistant Government Pleader on counter, submitted that, the petitioner’s case cannot be considered, as the subject land is classified as ‘Bandidari-Poramboke’ and she is not in the possession of the same and therefore, prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions made by both the parties. 6. The petitioner is claiming that the respondent authorities have assigned the subject land to her mother and accordingly issued D-form patta and subsequently it was devolved upon the petitioner vide will dated 12.10.2014. But the respondents are disputing the possession of the petitioner and also stated that the subject land is classified as Bandidari-Poramboke. It is observed that, no material is placed on record evidencing the possession of the petitioner in the subject land, except D-form patta. In view of the same, this Court is of the opinion that, there are disputed facts involved in this matter and the same cannot be entertained by this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is disposed of. It is needless to observe that, the petitioner can approach appropriate forum for redressal of her grievance, if any. There shall be no order as to costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS