Extracted from the PDF above. The PDF is authoritative.
APHC010050182025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2762/2025 Between: PalagiriObulamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. HARISH KUMAR.T Counsel for the Respondent(S):
1. GP FOR ASSIGNMENT The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2762/2025
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“ to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in proposing to evict the petitioner and initially proceedings under Andhra Pradesh Assigned Lands Prohibition of Transfer Act without notice as highly illegal, arbitrary, contrary to the law in respect of agriculture land admeasuring an extent of Ac.4-85 Cents in survey No.159/1F in Yallamrajupalli Village, Nandulur, Rajampet, YSR Kadapa District erstwhile Kadapa District without following due process of law and also violation of Principles of Natural Justice land contrary to the law apart from being violative of Article 21 of the Constitution of India and contrary to the Judgement in 2008 5 ALT 313 and 2013 1 ALT 267 and consequently direct the respondents not to evict or interfere with the possession and enjoyment of the petitioner property admeasuring an extent of Ac.4-85 Cents in survey No.159/IF in Yallamrajupalli Village, Nandulur, Rajampet, YSR Kadapa District erstwhile Kadapa District in the interest of justice and pass suchother
order or orders….”
2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of Ac.4-85 Cents in survey No.159/1F situated at Yallamrajupalli Village, Nandalur, Rajampet, YSRKadapa District erstwhile Kadapa District. The said
land was assigned by the then 1st respondent under the Scheme of landless poor persons for cultivation in the year 1984. Since then, the petitioner has been in peaceful possession and enjoyment of the subject land without any interference or hinderance from any quarter and is eking out her livelihood by doing agricultural operations. Later, on 21.11.1984 the respondent authorities issued D-Form patta and also granted pattadar pass books in her favour. While so, respondent No.5 visited the subject land several times in the name of inspection and threatened the petitioner to evict the said agriculture land within thirty days without issuing any notice and without assigning any reasons for such eviction on the ground that the subject land is Government land. The action of the respondents in trying to evict the petitioner from the subject property without following the due procedure as contemplated under law is highly illegal and contrary to law. Hence, the writ petition.
4. On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that in the event of dispossession of the petitioner from the subject land, the respondents will follow due process of law.
5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to dispossess the petitioner from the subject land without following due process of law, if otherwise, the petitioner is in possession of the subject property.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed
_______________________________ VENKATESWARLU NIMMAGADDA, J 05.02.2025 BSP
404
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.2762 of 2025
05.02.2025 BSP