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APHC010104692020
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: R.Ramaswamy The State of Andhra Pradesh and others Counsel for the Petitioner:
1. Kata Sambasiva Rao Counsel for the Respondents:
1. GP for Revenue (AP) The Court made the following order:
Challenging the action of the respondents in forcibly dispossessing the petitioner from the land in Sy.No.466 to an extent of Ac.3.00 cents situated at Ayannapallem Village, Bollapalli Mandal, Guntur District, without following due process of law, the instant writ petition is filed. 2. Heard Sri Kata Sambasiva Rao, learned Assistant Government Pleader for Revenue appearing for the respondents. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6497/2020 ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: Counsel for the Respondents: The Court made the following order: Challenging the action of the respondents in forcibly dispossessing the petitioner from the land in Sy.No.466 to an extent of Ac.3.00 cents situated at Ayannapallem Village, Bollapalli Mandal, Guntur District, without following due ant writ petition is filed. Kata Sambasiva Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the IN THE HIGH COURT OF ANDHRA PRADESH [3458] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ...Petitioner ...Respondents Challenging the action of the respondents in forcibly dispossessing the petitioner from the land in Sy.No.466 to an extent of Ac.3.00 cents situated at Ayannapallem Village, Bollapalli Mandal, Guntur District, without following due learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the
3. It is contended by the petitioner that they have been assigned with D- Form Patta in respect of the subject land vide Proceedings dated 10.05.2010 of the 4th respondent. However, the respondent authorities have attempted to dispossess the petitioner without following the due process of law. 4. The 4th respondent-Tahsildar filed counter affidavit stating that no assignment in respect of the subject land has been granted.
It is further contended that the D-Form patta relied upon by the petitioner is fake, as it does not match with the entries made in the village register. 5. This Court vide order dated 17.03.2020, passed interim order directing that no house site pattas shall be granted in respect of the subject land under the aforesaid scheme and status quo existing as on the date of order, in respect of the subject land was directed to be maintained by the parties. 6. Considered the rival submissions. The writ petitioner in support of his contention relies on the D-Form patta dated 10.05.2010. If the said document is found to be fake, the respondent authorities are expected to pass an appropriate order cancelling the same after following the due procedure. Without recourse to the same, the respondents cannot dispossess the petitioner from the subject land. 7. The writ petition is accordingly disposed of, directing the respondents not to dispossess the petitioner from the subject land without following the due process. However, liberty is granted to the respondents to conduct necessary enquiries into the validity of the D-Form Patta dated 10.05.2010. And if any
proceedings are contemplated against the petitioner, the same shall be in accordance with the law, after providing due opportunity to the petitioner. 8. With the above observations, 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: 22.01.2025 BSK
23 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 6497/2020
Date: 22.01.2025 BSK