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High Court of Andhra Pradesh · body

2025 DAILYLAW 44366 (AP)

M. SUNDARA RAJU v. STTAE OF AP

WP/11108/2020 · 2025-04-09

T C D Sekhar

body2025

Judgment text

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[ 3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11108 OF 2020 ^ Between: M. Sundara Raju, S/o. Muneppa, Aged about 69 Agriculture, R/o.H.No.8-50-4, Vasudeva Road, Kuppam Village Mandal, Chittoor District. years, Occ. and ...Petitioner AND 1. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue (Assignments), Secretariat, Velagapudi, Guntur District. 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Madanapalle, Chittoor District. 4. The Tahsildar, Kuppam Mandal, Chittoor District. ...Respondents ^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction fnore particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to interfere and dispossess the petitioner from his agricultural land in Survey No.2/2a of Kuppam Village and Mandal. Chittoor District, without issuing any notice, without following due process of law arbitrary, violative of the as being illegal provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, violation of principles of natural justice consequently direct the respondents not to and unconstitutional and dispossess me from my agricultural land measuring Acs. 1.10 cents in survey No. 2/2A of Kuppam Village and Mandal, Chittoor District. lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the petitioner from his agricultural land measuring Acs. 1.10 cents in survey No. 2/2A of Kuppam Village and Mandal, Chittoor District; Counsel for the PetItioneriSRI. K M KRISHNA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following: APHC010174872020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 11108/2020 Between: ...PETITIONER M. Sundara Raju AND ...RESPONDENT(S) Sttae Of Ap and Others Counsel for the Petitioner: 1.KM KRISHNA REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following order: The petitioner claims that his father Sri Muneppa was assigned land admeasuring an extent of Ac.4.40 cents in Sy.No.2/2 of Kuppam Village and Mandal, Chittoor District during the year 1971 vide DKT patta No.31-4-71. It is further case of the petitioner that his father was in peaceful possession and enjoyment of the said land till his demise and after his death, the petitioner and his brothers partitioned the subject land and accordingly an extent of Ac. 1.10 cents fell to the share of the 1. petitioner. It is further case of the petitioner that he approached 2. the revenue authorities for mutation of his name in revenue records. Accordingly, after conducting enquiry, the name of the petitioner was entered into revenue records in respect of Ac. 1.10 cents. It is further case of the petitioner that while so, on 04.07.2020, the 4*^ respondent visited the lands of the petitioner along with his staff and directed him to vacate from the subject land, in as much as the same is required for distribution of house respondent tried to dispossess the petitioner without issuing any notice and without following the th site pattas. As the 4 procedure contemplated under law, he approached this Court by filing the present writ petition. This Court while ordering notice, on 08.07.2020 passed an interim order directing the respondents not to dispossess the petitioner from the subject land. 3. On the other hand, the 4*'' respondent filed counter affidavit admitting the issuance of DKT patta in favour of the father of the petitioner. It is further stated that the subject land is pose of distribution of house site pattas and as per condition No. 17 of D-form patta, the respondents are entitled to resume the same inasmuch as it is required for public purpose. The counter affidavit further reads that the petitioner would be paid compensation as per G.O.Ms.No.259 Revenue (Assn-1) Department dated 21.06.2016 read with the provisions of Act 30 of 2013. 4. identified for the rvi ir During the course of hearing, the learned Assistant Government Pleader for Revenue placed instructions dated 27.03.2025 furnished by the 4**^ respondent. 5. On perusal of the same, it is stated that in view of the pendency of the writ petition, the respondents have identified 6. alternative land for distribution of house site pattas to eligible beneficiaries. The said instructions further read that the subject land is no more required for the said purpose and they did not interfere with the possession of the petitioner. 7. The said instructions dated 27.03.2025 furnished by the 4*^ respondent is placed on record. Though it is stated I the counter affidavit that, the petitioner would be paid compensation, in view of the subsequent events, the subject land is no more required for distribution of house site pattas. 8. In view of the categorical assertion made by the respondents that the subject land is not required for public purpose, the present Writ Petition is disposed of directing the respondents not to dispossess the petitioner from the subject land except in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECmON OFFICER To, 1. The Principal Secretary, Department of Revenue i Secretariat, Velagapudi, Guntur District, State of Andhra (BY SPECIALMESSENGER) 2. The District Collector, Chittoor District. 3. The Revenue Divisional Officer, Madanapalle 4. The Tahsildar, Kuppam Mandal, Chittoor District. (Addressee Nos 2 to 4 BYRPAD) 5. One CC to SRI. K M KRISHNA REDDY Advocate 6. Two CCs to GP FOR REVENUE [OUT] 7. Three CD Copies (Assignments), I Pradesh Chittoor District. [OPUC] High Court of Andhra Pradesh. HIGH COURT DATED:10/04/2025 ORDER WP.No.11108 of 2020 DISPOSSING THE WRIT PETITIION