APHC010528672021 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 213/2022 Between: Paturi Reddaiah The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. RAMESH N Counsel for the Respondent(S): 1. GP FOR REVENUE 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 213/2022 ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): REVENUE [3332] HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ...PETITIONER ...RESPONDENT(S) 2 The Court made the following Order: The short grievance of the petitioner is the high handed interference by the respondents over the house in door No.38/R- 28, Krishnapuram, Rayachoty located in plot No.28 in survey No.592/1 in an extent of Ac.0.03 cents of Rayachoty Village and Mandal, YSR Kadapa District and tried to demolish the same without issuing any notice or without following any due process of law. 2. Heard Sri N.Ramesh, learned counsel for the petitioner and Sri Venkata Satyanarayana, learned Assistant Government Pleader appearing for respondents. 3. Sri N.Ramesh, learned counsel for the petitioner submitted that the revenue authorities have issued d-form patta in favour of the petitioner’s mother wherein she constructed asbestos shed and the same was assessed with tax vide assessment No.1121446858. After the death of his mother he came into possession and enjoyment of the same. Now, the respondent authorities are trying to dispossess the petitioner without following due process of law. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 3 4. On the other hand, Sri Venkata Satyanaryana, learned Assistant Government Pleader appearing for respondents, on counter contended that the petitioner has constructed asbestos shed house in the subject property is concocted and the petitioner does not have any right over the property and he is relying on the fake and fabricated patta. Further he submitted that the assessment number mentioned by the petitioner does not belong to the subject land and is pertaining to the property situated in Sy.No.604 of Rayachoty Village. Even as on today the subject property is lying vacant on ground without any permanent structures. Further, neither petitioner nor Sudharani is in possession of the subject property. In the said circumstances, interference of the respondents does not arise and prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions of both the learned counsel. 6. On a perusal of the record, the petitioner is claiming to be in possession of the subject property by constructing an asbestos shed and the petitioner’s mother used to pay tax. The learned Assistant Government Pleader contended that the assessment number mentioned by the petitioner does not belongs to the 4 subject land and is pertaining to the property situated in Sy.No.604 of Rayachoty Village. Therefore, this Court cannot decide the disputed facts, which cannot be decided in a writ petition filed under Article 226 of Constitution. The petitioner is at liberty to approach competent Civil Court, if they have any grievance. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 06th February, 2025 KKV 5 451 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 213 of 2022 06.02.2025 KKV 6 HIGH COURT OF ANDHRA PRADESH Writ Petition No.213 of 2022 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE . 06.02.2025 RC, J The writ petition is disposed of. (vide separate order) ______ RC, J KKV 7