APHC010094762020 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: 6055/2020 Between: Kalla Musilayya, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P VEERRAJU Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: ORDER: Heard the learned counsel for the petitioner Sri P Veeraraju and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. Challenging the action of the respondents in trying to dispossess the petitioners from the subject land in an extent of 529-21 Square yards in Sy.No.65/2 of Mallu Bhupalapatnam, Nathavaram Mandal, 2 Visakhapatnam District, the petitioners have approached this Court by way of the instant writ petition. 3. It is contended that the petitioners have purchased the subject land by way of registered sale deed in 2015 from one Sri Vulabala Gangu Naidu, and since then they have been in occupation and enjoyment of the same and the Revenue authorities have also issued Pattadar passbooks and Title deeds in their favour. 4. During the course of arguments, learned Assistant Government Pleader has placed before the Court a copy of instructions received by him from the Tahsildar. A perusal of the same would reflect that the Lands covered in Sy.Nos.64, 65 & 70 of Mallubhupalapatnam village of Nathavaram mandal, originally belonged to one Vulabala Appalanaidu. In 1989, the said Vulabala Appalanaidu, had surrendered the said lands covered by Sy.Nos.64, 65 & 70 to the Government as excess lands and the Government had taken possession of the said lands under the provisions of the Andhra Pradesh Land Reforms (COAH) Act, 1973 vide proceedings in L.C.C.No.954/75 of the Revenue Divisional Officer, Narsipatnam. While said lands were proposed for assignment in favour of the beneficiaries, the kins of Vulabala Appalanaidu had filed writ petition assailing the assignment. It is stated that this Court vide order, dt.18.07.2003 directed the Revenue Divisional Officer, Narsipatnam, to re-examine the issue. The matter is presently pending before the Revenue Divisional Officer, 3 Narsipatnam. While the case is pending before the Court of Revenue Divisional Officer, Narsipatnam, the original owner, Vulabala Appalanaidu appears to have sold away the subject lands to the petitioner and further stated that as on date, there are no proposals for issuance of the house site Pattas in respect of the subject land. 5. The instructions of the Tahsildar are placed on record. 6. In view of the above, the writ petition is disposed of directing the respondents not to dispossess the petitioner without due process of law However, in future, if the respondents contemplate any action against the subject land the same should be in accordance with law, after giving due opportunity to the petitioner. 7. 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 MSI 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6055/2020 Date: 08.01.2025 MSI