Extracted from the PDF above. The PDF is authoritative.
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APHC010100372020
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: 6054/2020 Between: Panga Papayya and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. M LAKSHMI NARAYANA Counsel for the Respondent(S):
1. GP FOR REVENUE (AP) The Court made the following:
ORDER:
Heard Sri M. Lakshmi Narayana, 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 trying to dispossess/evict the petitioners from the property of the petitioners, in an extent of Ac.0.10 cents in Sy. No.23-2 of Chetlatandra of Dandugopalapuram Revenue Village, Santhabommali Mandal, Srikakulam District, in order to allot
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subject land to the beneficiaries of the government scheme viz, “Navaratnalu Pedalandiriki Illu”, the instant Writ Petition is filed. 3. It is contended that petitioners’ father was the owner of the subject land which in an extent of Ac.0.5 cents. It is stated that the petitioners’ father had also purchased another land in an extent of Ac.0.5 cents from one Kuchetti Jaggarao for consideration vide sale deed dated 05.02.1993, which was also Gramakantam land. After the petitioners’ father & mother’s demise, the petitioners succeeded to the property and have been in continuous possession of it. Thereafter, the respondents have interfered with the petitioners’ possession of the land, on the pretext of the public purpose of granting house site pattas to the beneficiaries of the Navaratnalu scheme. 4. When the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue, has placed on record a copy of the instructions received by him from the Tahsildar, dated 06.02.2025. A perusal of the same would reflect that the subject land is Gramakantam land of Dandugopalapuram Revenue Village and was proposed for issuance of house site pattas. However, in view of the interim orders passed in W.P. No.6054 of 2020, no further action was taken by the respondents, and did not interfered with the possession of the subject land, at present, the subject land is under the occupation of the petitioners. 5. Having regard to the contentions advanced, this Court is of the view that petitioners have in possessed the subject land forever 30 years.
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Since their possession can be traced back three decades, therefore the respondents shall not interfere with the petitioners’ possession without recourse to law. 6. With the above observation, the Writ Petition is disposed of. 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
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124 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION No.6054 of 2020
Date:21.02.2025
MVK