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2025 DAILYLAW 9440 (AP)

G. Santhamma, v. The State of. Andhra Pradesh,

WP/6329/2020 · 2025-01-21

Kiranmayee Mandava

body2025

Judgment text

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APHC010104322020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: G.Santhamma and others The State of Andhra Pradesh and Counsel for the Petitioner 1. K Venugopal Reddy Counsel for the Respondent 1. GP for Revenue (AP) The Court made the following order: No representation for the petitioner 2. Challenging the action of the respondents attempting to dispossess the petitioners from the house site plot nos. Village, Baireddipalli Mandal without following the due pro the present writ petition is filed. 3. It is contended that the assignment in favo granted in the year 1992. It is contended that or cancelling the pattas issued to the petitioner IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6329/2020 ...Petitioners AND f Andhra Pradesh and others ...Respondents Counsel for the Petitioners: Counsel for the Respondents: The Court made the following order: No representation for the petitioners. ing the action of the respondents attempting to dispossess the site plot nos.1, 3, 4, 5, 7, 9, 2, 6 & 8 of Paturnatam Village, Baireddipalli Mandal without following the due procedure writ petition is filed. It is contended that the assignment in favour of the petitioner It is contended that without issuing any prior notice or cancelling the pattas issued to the petitioners, the respondents are IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA Petitioners Respondents ing the action of the respondents attempting to dispossess the 1, 3, 4, 5, 7, 9, 2, 6 & 8 of Paturnatam cedure under law, r of the petitioners was without issuing any prior notice , the respondents are attempting to allot the subject land to third parties and issue new pattas in their favor. 4. This Court vide order dated 17.03.2020, granted an interim order directing the respondents not to dispossess the petitioners from the subject land. 5. The 3rd respondent filed a counter affidavit stating that though the assignment was granted as far back as 1992, the petitioners have not constructed any houses on the said property, and the land remains vacant to date. Therefore, the conditions of the assignment have been allegedly violated by the petitioners. It is further stated that the petitioners had accepted the issuance of revised pattas. 6. Today, when the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has placed on record a copy of the written instructions received from the 3rd respondent dated 08.01.2025. A perusal would reflect that the respondents would not propose to dispossess the petitioners without following the due process of law. It is further stated that taking consent of the petitioner’s the 3rd respondent has proposed for revised layout, although the petitioners have no right over the allotted house site pattas, they would be accommodated in the revised layout to avoid litigation. 7. After obtaining the consent of the petitioners, the 3rd respondent has proposed a revised layout in accordance with the law, which will also accommodate the petitioners. 8. The said written instructions of the Tahsildar-respondent No.3, dated 08.01.2025 are placed on record. 9. In view of the foregoing, this Court is of the considered view that in view of the fact that validity of the D-Form pattas are in operation, the respondents cannot take possession of the land on the alleged grounds of violation of assignment conditions without cancelling the assignment. 10. However, considering the statement made by the Tahsildar in the written instructions, wherein it is stated that due process of law would be followed if any dispossession is contemplated, the writ petition is disposed of with the direction to the respondents shall not dispossess the petitioners from their respective plots without following due process of law. 11. 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: 21.01.2025 BSK 33 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6329/2020 Date: 21.01.2025 BSK