APHC010091922020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5554/2020 Between: A. Vijayamma ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: 1. Suresh Kumar Reddy Kalava Counsel for the Respondent(S): 1. GP for Revenue (AP) The Court made the following order: Challenging the action of the respondents in threatening to dispossess the petitioner from her peaceful possession and enjoyment of the land to an extent of Ac.5.05 cents in Sy.No.830 of Kurabalakota Village and Mandal, Chittoor District, the present writ petition is filed. 2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioner contends that Late Mala Chinna Venkatesugadu @ Saladi Chinna Venkatesu was assigned land vide D-Form Patta in the year 1925. Subsequently, he executed a Registered Gift Deed dated 21.10.1948 in favor of his wife, Smt. Gangu @ Gangamma. After Gangamma's lifetime, her son, Late Anand, inherited to the said property. Following Anand's demise, his son, Late A.S. Sundar Raj, the husband of the petitioner succeeded to the property. 4. The learned counsel further contends that her family has been in possession and occupation of the subject land since 1920 although the 4th respondent has sought to evict them. In support of his contention a copy of the Adangal for 1391 Fasli, dated 18.09.1982, has been placed before this Court. 5. Learned Assistant Government Pleader for Revenue contends that resumption orders for the subject land were passed as long back as in 1981, and subsequent assignments were made in favor of one Sri K.Narasimhulu and Sri T.Venkataramana, but these were cancelled on 20.10.1993. Later, the land was assigned to Smt. G.Gangulamma vide Proc.No.R.Dis.240/93 dated 15.10.1994. However, the assignee has since parted with the land since the land was found to be suitable for allocation as house site pattas under the Navaratnalu – Pedalandariki Illu scheme, the same is proposed for house site pattas. 6. A perusal of the record reveals that the assignement made in favour of the petitioner's ancestors, was resumed. The original assignee's are the petitioners' husband’s great-grandparents. It is noted from the counter affidavit that the petitioner’s ancestors, after the assignment was made in their favor have sold the land in 1961, in favour of the third parties. Therefore resumption proceedings were initiated and the land was resumed to the Government. Thereafter, the said lands were assigned in favour of one K.Narasimhulu and T.Venkata Ramana. Challenging the said assignment one Ramachandraiah filed appeal before the RDO. The RDO cancelled the assignment made in favour of the said Narasmhulu and another. Thereafter the said land was again assigned in favour of one G Gangulamma, who had also parted the same in favour of third parties. It is further noted from the counter affidavit that presently the land is vacant. 7. The petitioner claims to be the wife of the great-grandson of the original (first) assignee in respect of the subject land. Having regard to the fact that subsequent assignments were cancelled and there is currently no valid assignment in favor of the 3rd parties, and since the land is vacant, the petitioner seeks direction to the respondent to grant patta, in her favour. The court is not inclined to pass such an order as sought by the petitioner. However, liberty is granted to the petitioner to approach the respondent authorities by way representation for issuance of patta in respect of the subject land. On such a representation being made by the petitioner the respondents are directed to dispose of the same in accordance with law after affording sufficient opportunity to the petitioner. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 08.01.2025 BSK THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5554/2020 Date: 08.01.2025 BSK