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2025 DAILYLAW 7492 (AP)

K.Chandrasekhar Babu v. The State of Andhra Pradesh

WP/4524/2020 · 2025-02-21

Kiranmayee Mandava

body2025

Judgment text

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1 APHC010074712020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 4524/2020 Between: K.chandrasekhar Babu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. MARRI VENKATA RAMANA 2. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: ORDER: Heard Sri Marri Venkata Ramana and Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners, and learned Assistant Government Pleader for Revenue, appearing for the respondents. 2. Being aggrieved by the action of the respondents in proposing to dispossess the petitioners from their land in an extent of Ac.3-05 Cents in Sy.No.292-4 (1st Petitioner), Ac.2-69 Cents in Sy.No.292-3 (2nd Petitioner), 2 Ac.2-50 Cents in Sy.No.287-4 (3rd Petitioner), Ac.2-50 Cents in Sy.No.287-3 (4th Petitioner), Ac.2-50 Cents in Sy.No.287-1 (5th Petitioner), Ac.0-35 Cents in Sy.No.286-1A, Ac.0-41 Cents in Sy.No.286-2A, Ac.0-29 Cents in Sy.No. 285- 6P and Ac.0-37 Cents in Sy.No.285-7P (6th Petitioner), Ac.2-50 Cents in Sy.No.291-2 (7th Petitioner) Ac.2-50 Cents in Sy.No.291-1 (8th Petitioner), Ac.2-50 Cents in Sy.No.287-2 (9th Petitioner), Ac.0-99 Cents in Sy.No.291-3B (10th Petitioner), Ac.2-21 Cents in Sy.No.286-1B, Ac.2-76 Cents in Sy.No. 286-2B (11th Petitioner), Ac.1-49 Cents in Sy.No.291-3A, (12th Petitioner) and Ac.0-32 Cents in Sy.No.292-2A and Ac.1-00 Cents in Sy.No.292-1B (13th Petitioner) at Kurrakalva Village, Renigunta Mandal, Chittoor District, without recourse to law, the instant Writ Petition has been filed. 3. It is contended that the petitioners were allotted lands in the year 1989 after following the procedure by the concerned revenue authorities. And that they have been cultivating the subject lands since the date of assignment, the respondents attempted to dispossess the petitioners from the subject lands and have filed the suit in O.S. No.976 of 2019 on the file of I Additional Judicial Civil Judge, Tirupati. Subsequently, the said suit was withdrawn on assurance of the respondents that they would not interfere with the petitioners’ possession of the property. It is further contended that the respondents' interference still continued, which led to the filing of the present Writ Petition. 4. Having regard to the contentions advanced, this Court is of the considered view that the petitioners’ possession over the subject lands as contended by them is right from 1989. And that they have been in the 3 possession of the subject lands on the basis of D Form granted in their favour, the respondents have no manner of right to interfere with the possession except following due procedure of law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. There was an interim direction passed by this Court, not to dispossess the petitioners’ from the subject land. In view of the same, the respondents shall not dispossess the possession of the petitioners from the subject land without following due procedure under law 5. With the above observations, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioners’ property without following due process of law. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:21.02.2025 MVK 4 151 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.4524 of 2020 Date:21.02.2025 MVK