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2025 DAILYLAW 25449 (AP)

Yarasani Venkateswarlu, v. The State of Andhra Pradesh,

WP/23895/2020 · 2025-03-18

T C D Sekhar

body2025

Judgment text

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1 APHC010359322020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 23895/2020 Between: Yarasani Venkateswarlu, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOCHIRI RAJA SHEKAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2 The Court made the following order: The petitioner claims that he is in absolute possession and enjoyment of land admeasuring an extent of Ac.4.00 cents in Sy.No.403/A of Inumella Village, Ipuru Mandal, Guntur District. It is further case of the petitioner that his ancestors initially occupied the land and were cultivating the same. He would further contend that the name of his grandfather was also mutated in the revenue records and after his demise, he came into possession of the subject land. 2. The petitioner further contends that, subsequently in recognition of his possession over the lands in dispute, the respondents issued pattadar passbooks in his favor after conducting enquiry. In support of his case, he filed the pattadar passbooks along with the present writ petition. It is further case of the petitioner that on 04.12.2020, the 4th respondent tried to dispossess him without issuing any notice. Questioning the said action the present writ petition is filed. 3. On the other hand, the 4th respondent filed counter affidavit stating that the subject land is classified as Dotted Lands in revenue records. The 4th respondent admitted that the petitioner is in possession of the subject land admeasuring an extent of 3 Ac.4.00 cents in Sy.No.403/A. It is further averred in the counter affidavit that, out of the total extent of Ac.4.00 cents, an extent of Ac.1.00 cents was identified for the purpose of distribution of house site pattas. It is further averred that, even before initiating any action for resumption of Ac.1.00 cents out of the total extent of Ac.4.00 cents against the petitioner, he filed the present writ petition. 4. From the above pleadings, it is clear that the petitioner is in possession of an extent of Ac.4.00 cents in Sy.No.403/A and the 4th respondent also admitted the same including issuance of pattadar passbooks in his favor. Though a portion of land which is in possession of the petitioner was identified for distribution of house sites, no action was initiated against him as on the date of filing of the present writ petition. Further this Court by order dated 16.12.2020, directed the respondents not to dispossess the petitioner from the subject land without following due process of law. The said interim order is subsisting as on today. 5. Taking into consideration the submissions made by both the counsel, this Court feels that it appropriate to dispose of the writ petition by directing the respondents not to dispossess the petitioner from the subject land. It is further made clear that if the 4 subject land is required for any public purpose, it is always open to the respondents to resume the same after following the due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt.13.03.2025 DSB 5 434 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR W.P.No.23895 of 2020 Date: 18.03.2025 DSB