APHC010094112020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: B.Nagamamani and 2 others The State of Andhra Pradesh and 3 others Counsel for the Petitioners: 1. Sita Ram Chaparla Counsel for the Respondents: 1. GP for Revenue The Court made the following Challenging the action of the respondents vacate from their lands of Ac.0.43 cents, Ac.0.99 cents, Ac.0.44 cents and Ac.0.10 cents respectively covered by Sy.Nos.351/9, 352/9, 352/10 and 352/11 belonged to 1st petitioner; Ac.0.33 cents, Ac.0.34 cents, Ac.0.50 cents and Ac.0.53 cents respectively covered by Sy.Nos.351/8, 352/2, 352/3 and 352/4 belonged to 2nd petitioner; Ac.0.25 cents, Ac.0.52 cents, Ac.0.25 cents and Ac.0.70 cents respectively covered by Sy.Nos 353/12 belong to 3rd petitioner situated at Bapirajugudem Revenue Village in IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5653/2020 B.Nagamamani and 2 others ...Petitioners AND The State of Andhra Pradesh and 3 others ...Respondents Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: Challenging the action of the respondents in insisting the petitioners vacate from their lands of Ac.0.43 cents, Ac.0.99 cents, Ac.0.44 cents and Ac.0.10 cents respectively covered by Sy.Nos.351/9, 352/9, 352/10 and petitioner; Ac.0.33 cents, Ac.0.34 cents, Ac.0.50 cents and Ac.0.53 cents respectively covered by Sy.Nos.351/8, 352/2, 352/3 and petitioner; Ac.0.25 cents, Ac.0.52 cents, Ac.0.25 cents and Ac.0.70 cents respectively covered by Sy.Nos.352/7, 352/8, 353/11 and petitioner situated at Bapirajugudem Revenue Village in IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioners ...Respondents petitioners to vacate from their lands of Ac.0.43 cents, Ac.0.99 cents, Ac.0.44 cents and Ac.0.10 cents respectively covered by Sy.Nos.351/9, 352/9, 352/10 and petitioner; Ac.0.33 cents, Ac.0.34 cents, Ac.0.50 cents and Ac.0.53 cents respectively covered by Sy.Nos.351/8, 352/2, 352/3 and petitioner; Ac.0.25 cents, Ac.0.52 cents, Ac.0.25 cents .352/7, 352/8, 353/11 and petitioner situated at Bapirajugudem Revenue Village in Pedavegi Mandal of West Godavari District, assigned in their favour throughf D-Form Pattas, without following due procedure of law, the present writ petition is filed. 2. Heard Sri Sita Ram Chaparla, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. It is contended by the petitioners that they were assigned lands through D-Form Pattas in 2006, and since then, the lands are in their possession. In recognition of their possession, Pattadar Passbooks and title deeds were also issued to the petitioners. However, the respondents, without following due process of law, are now demanding the petitioners to vacate the subject land. 4. This Court, vide order dated 13.03.2020, granted an interim directions not to dispossess the petitioners. 5. The learned Assistant Government Pleader for Revenue has placed on record a copy of the instructions received from the 4th respondent-Tahsildar, dated 29.02.2020. A perusal of the same reveal that notices were issued to the writ petitioners under Sections 7 and 6 of the Andhra Pradesh Land Encroachment Act, since the petitioners have unauthorisedly occupying the land. However, no copies of such notices or eviction orders have been placed before this Court. 6. It is the contention of the respondents that the subject lands were classified as “Gayalu” and their classification was changed from "Gayalu" to "house site pattas" vide proceedings of the Collector dated 06.03.2020. The change in classification has also been carried out in the relevant revenue records of the village. In view of this, it is contended that the petitioners cannot claim any right over the subject properties. 7. The petitioners in support of their case, rely on D-Form pattas issued on 29.11.2006. However, the respondents claim that their office record does not reflect the said assignment. 8. The learned counsel for the petitioner submits that without cancelling the D form pattas issued in their favour, the petitioners cannot be compelled to vacate the subject land without due process of law. 9. In that view of the matter, this Court is of the considered view that the petitioners shall not be dispossessed from the subject land without following the due procedure of law. 10. With the above observation, 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: 20.01.2025 BSK 149 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5653/2020 Date: 20.01.2025 BSK