Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH:; (Special Original Jurisdictio WEDNESDAY, THE TWENTY THIRD “ TWO THOUSAND AND TWENTY ANO, •■■■ AMARAVATf^ n) I /HJt day OF APRIL B FIVE ■ > » <^y TL.^. present °'°''TRrPFTmr nimmagadda __RIT PETITj^ f^Q. '1023ft OF Between: Vaddi Sarojamma Cultivation, R/o Door No. Sai District, A.P. W/o V. Adinarayana, aged about
14. Yarrapalli Village, Gorantia 46 years, Occ. Mandal, Sri Satya -.petitioner AND D«r T 2 .roT,;
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4. The Tahsildar, Gorantia Mandal
5. The Village Revenue Officer, Sai Districf, A.P., Ananthapur Revenue District. Sri Satya Sai District,Ananth Budili Village, Gorantia Mandal, apur Sri Satya -RESPONDENTS Petition under Article 226 the circumstances be pleased to i in the nature of of the Constitution of India praying that in therewith, the High Court
order or direction stated in the affidavit filed may preferably a Writ issue an appropriate writ resDond..n. questioning the action respondents are interfering the peaceful petitioner land in Sy.No.219 i Village, Gorantia Mandal of the 4‘^ & 5 possession and enjoyment of the in an extent of Ac.3.63 cents situated in Budili without issuing any notice, proceedings under the Transparency in Land Acquisition Sri Satya Sai District without following procedure Right to Fair any land acquisition or Compensation and
f Rehabilitation and Resettiement Act, 2013 are iliegal, arbitrary, against the ' 21 and 'law, violation of the Principles of Natural Justice and Articles 14 f" ■ / ^ ■. ! ?*300A of the Constitution of India and consequently direct the 4*^ •*. « respondents not to interfere the peaceful possession and enjoyment of the petitioner land in Sy.No.219 in an extent of Ac.3.63 cents situated in Budili Village, Gorantia Mandal, Sri Satya Sai District. & 5’ \ lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances Stated in the affidavit filed in pleased to direct the 4‘^ & 5**^ respondents not to interfere the peaceful possession and enjoyment of the petitioner land in Sy.No.219 in and extent of Ac.3.63 cents situated in Budili Village, Gorantia Mandal, Sri Satya Sai District. Counsel for the Petitioner: SRI D. KASIM SAHEB Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER support of the petition, the High Court may be
APHC010200952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ill [3329] ■Ja? WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10238/2025 Between: ...PETITIONER Vaddi Sarojamma AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner:
1.D KASIM SAHEB Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following: order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;
“to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus questioning the action of the 4th and 5th respondents are interfering the peaceful possession and enjoyment of the petitioner land in Sy.No.219 in an extent of Ac.
3.63 cents situated in Budili Village, Gorantia Mandal, Sri Satya Sai District without Issuing any notice without following procedure or any land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 are illegal arbitrary
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2. Heard the learned Government Pleader for the counsel for the petitioner and the learned respondents. 3. The learned absolute owner and of Ac. 3.63 cents, counsel for the petitioner submits possessor of the subject land that the petitioner is the admeasuring to an extent situated in Budili Village ‘ District and having acquired the subject land from ’ Gorantia Mandal, Sri Sathya J her father-in-law by way of enjoyment of the Sal gift deed. She has been iin continuous possession and subject land. The petitioner Deeds in was also issued Pattadar Passbooks and her name and Title respect of the subject land was duly mutated in the While things stood thus, revenue records, I.e., Adangal and Form-1B respondent issued appear for an pertaining to the subject the 4th a notice dated 16.01.2025 enquiry on 21.01.2025 directing the petitioner along with relevant to documents notice, the petitioner However, without property. Pursuant to the said the relevant documents. appeared and submitted all considering the documents already submitted, the 4th respondent again the same He further submits a representation dated 23.01.2025 issued a notice dated 06.02.2025, directing the petitioner to submit her claim over the subject land. documents to substantiate that, despite the petitioner submitted . the
respondent Nos. 4 and 5 are trying to interfere with the peaceful possession and enjoyment of the petitioner’s land without issuing any notice, and without following due process of law, or initiating any acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence, the present writ petition. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the notice issued was merely a request to the petitioner to submit an explanation. The earlier explanation said to have been submitted by the petitioner was neither acted upon nor there is no record to show that such an explanation as submitted, received ^y the respondents.
He further submits that, if the petitioner submits an explanation pursuant to the notice issued by the respondent dated 06.02.2025, the same would be duly considered by the respondents. Upon perusal of the explanation, if deemed necessary, the respondents will proceed with due process of law. 4. was
5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and upon perusal of the material available on record, it is observed that the petitioner has been in possession and enjoyment of the subject property for a long time. She was also issued Pattadar Passbooks and Title Deeds, and her name is reflected in the 1-B Register, indicating that she is the original pattadar of the subject property. It is a settled proposition of law that, once a person is
declared as a pattadar in the revenue records, the respondent authorities are ^ under a statutory obligation to follow due process of law as contemplated under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act,
1971. Since the petitioner has already submitted her explanation to the respondent authorities on 21.03.2025, if the same is not available the respondents shall invite an explanation afresh and consider the same and proceed further in accordance with the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. In the meantime. status quo obtaining as on today shall be maintained by all the parties concerned in respect of possession of the subject property. With the above said direction, the Writ Petition is disposed of. There
6. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO ^ DEPUTY REGISTRAR SEeft //TRUE COPY// :ER To
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Sri Satya Sai District at Puttaparthi,Ananthapur
3.
The Revenue Divisional Officer, Puttaparthi, Sri Satya Sai District, Ananthapur
4. The Tahsildar, Gorantia Mandal, Sri Satya Sai District, Ananthapur
5. The Village Revenue Officer, Budili Village, Gorantia Mandal, Sri Satya Sai District, A.P., Ananthapur
6. One CC to Sri D. Kasim Saheb, Advocate [OPUC]
7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies. HIGH COURT DATED:23/04/2025
ORDER WP.No.10238 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS