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2025 DAILYLAW 9640 (AP)

Smt Madha Narsamma v. The State of Andhra Pradesh

WP/6532/2020 · 2025-01-20

Kiranmayee Mandava

body2025

Judgment text

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APHC010107052020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6532/2020 Between: Smt Madha Narsamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: ORDER: Challenging the action of the respondents in trying to evict the petitioner from the subject land without recourse to law, the petitioner has approached this Court by way of the instant writ petition. 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2 3. It is contended that the petitioner has been in occupation of the subject land and constructed residential house, and in terms of the provisions of G.O.Ms.No.388, dated 24.08.2017, the petitioner has submitted an application for regularization after paying the due amounts mentioned therein under the said G.O. The application is pending for consideration before the respondents. 4. During the course of arguments, the learned Assistant Government Pleader for Revenue has placed before the Court a copy of instructions received by him from the Tahsildar. As observed from the said instructions, it reflects that an extent of Ac.2097.93 cents in Sy.No.274 of Pedagantyada Village was alienated to various Government organizations and for housing colonies and the same was also regularized in terms of G.O.Ms.No.388 and 296. It is further contended that the contention of the petitioner that he is in occupation of the subject land may not be correct on account of the fact that as per the report of the Field Level Officer, the land is vacant on ground and the Government has also erected the Board on the subject land. It is contended that the sole intention to grab the subject land, the instant writ petition is filed. It is further stated that appropriate action will be taken after following the due procedure under the provisions of the Andhra Pradesh Land Encroachment Act, 1905. 5. The said instructions of the Tahsildar are placed on record. 3 6. Considered the rival submissions. Having regard to the fact that the petitioner has been in occupation of the subject land for a considerable period and that he has also filed application for regularization of his possession in terms of G.O.Ms.No.388, dated 24.08.2017. The respondents without considering the said application cannot dispossess the petitioner without recourse to law. Accordingly, the respondents are directed to consider the application filed by the petitioner in Application No.VZG1001-50-108845, dated 16.06.2018, as expeditiously as possible and till such time, the petitioner shall not be dispossessed from the subject land without recourse to law. 7. With the above observation, the writ petition is accordingly 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 MSI 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6532/2020 Date: 20.01.2025 MSI