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High Court of Andhra Pradesh · body

2025 DAILYLAW 56238 (AP)

BOGULA v. THE STATE OF AP

WP/4594/2020 · 2025-04-30

T C D Sekhar

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4594 OF 2020 Between: Bogulapullamma W/o Sathaiah, Hindu, aged about 70 years, Occ Agriculture, R/o H.No.C-203, Surappagudem Village, Bhimadole Mandal, West Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh'; Rep. by its Principal Secreatry, Revenue Department, Secretariat, Velagapudi, Amaravathi 2. The District Collector, West’Godavari District, Eluru 3. The Revenue Divisional OffiOOrViluru, West Godavari District 4. The Tahsildar, , Bhimadole Mandal, Bhimadole, West Godavari District ...Respondents Petition under Article 226 of'the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue wrif order or direction more particularly one in the nature of writ of mandamus fb declare unilateral action of the 4*^ respondent in dispossess th^'petiiibner from her land of an extent of Ac.0.12 cts situated in SurappagiAiem Village, Bhimadole Mandal, West Godavari District, without givihg/nOithef notice nor conducting enquiry is 'A illegal, arbitrary, violation of AH:'“^fl;"21 and 300-A of the Constitution of India. Consequently direct the fWjDonBents not to dispossess the petitioner from her land without following due process of law. lA NO: 1 OF 2020 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4'*^ respondent not to dispossess the petitioner from her land of an extent of Ac.0.12 cts situated in Surappagudem Village, Bhimadole Mahdal, West Godavari District. Counsel for the Petitioner : SRI. N A RAMACHANDRA MURTHY Counsel for the Respondents : GP FOR REVENUE The Court made the following: 1 TCDS.J W.P.No.4594 of2020 APHC010077412020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 4594/2020 Between: Bogulapullamma ...PETITIONER AND The State of AP and others ...RESPONDENT{S) Counsel for the Petitioner: 1. N A RAMACHANDRA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: 2 TCDSJ W.P.No.4594 of 2020 The Court made the following Order: The present writ petition is filed questioning the action of the 4*^ respondent in trying to dispossess the petitioner 1. from land admeasuring an extent of Ac.0.12 cents in Sy.No.27-3 of Surappagudem Village, Bhimadole Mandal, West Godavari District, without issuing any notice and without following due process of law. 2. It is the case of the petitioner that she is the absolute owner and possessor of land admeasuring an extent of Ac.0.12 cents in the said village, having purchased the same jointly with her mother by virtue of a registered sale deed vide document No.2127, dated 01.12.1973. It is further case of the petitioner that she is in peaceful possession and enjoyment of the said land from the date of purchase, and she also raised a cattle shed over the said land and eking out her livelihood. It is further case of the petitioner that on 15.02.2020, the 4*^ respondent tried to interfere with the possession of the property and orally directed her to vacate by saying that the land belongs to the Government. Despite the petitioner informing the 4*^ respondent that the subject land was purchased by her by virtue of registered sale deed, the 4**^ respondent continued to interfere with her 3 tcdsj W.P.No.4594of2020 possession. Questioning the respondent, the writ petition is filed. said action of the present 4^'" 4. When the Government Pleader 16.04.2025 furnished matter is taken for Revenue placed i by the 4*^ said instructions, it is stated that the members have up for hearing, the instructions dated respondent. On perusal of the petitioner and her family subject land encroached into the which is riistrihi -r I u^t, oi nouse site pattas. in the purpose of and when they were about to encroachers, the petitioner present writ petition. take steps to issue notices to the approached this Court by tiling the 5- The said instructions dated 16.04.2025 are placed on record. 6. The 4*^ respondent encroached into the categorically stated subject land and that the petitioner even before approached this Court. From IS in possession of the subject of the present writ petition. issuance of notice, the petitioner r above, it is clear that the petitioner is i the land as on the date of filing 4 TCDSJ W.P.No.4594 of 2020 Taking into consideration of the submissions made by both 7. the counsel, this Court feels that it is appropriate to dispose of the present writ petition by directing the respondents not to dispossess the petitioner from the subject land, except in accordance with law. 8. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, pending applications, if any, shall stand closed. Sd./- SHAIK MOHD. RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER * J To, 1. The Principal Secretary, Rqvepue Department, State Of Andhra Pradesh, Secretariat, Vel,^gapudi, Amaravathi 2. The District Collector, West Godavari District, Eluru 3. The Revenue Divisional Officer, Eluru, West Godavari District 4. The Tahsildar, Bhimadole Mandal, Bhimadole, West Godavari District 5. One CC to SRI N A RAMACHANDRA MURTHY Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies ksr HIGH COURT \ DATED:01/05/2025 ORDER WP.No.4594 of 2020 disposing the writ petition without COSTS