APHC010110312020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6760/2020 Between: Pedamalluvenkateswara Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 2 TCDS, J W.P.No.6760 of 2020 Order: The present writ petition is filed questioning the action of the respondents in taking steps to dispossess the petitioners from the land admeasuring an extent of Ac.2-06 cents in Sy.No.72-1B and an extent of Ac.2-06 cents in Sy.No.72-1a of Pasarlapudi Village, Mamidikuduru Mandal, East Godavari District. 2. It is the case of the petitioners that the 1st petitioner and father of 2nd petitioner have jointly purchased an extent of Ac.4-12 cents by virtue of a registered sale deed dated 07.03.1992 vide document No.473/1992 on the file of Sub-Registrar, Mamidikuduru. Later, the 1st petitioner and father of the 2nd petitioner partitioned the lands purchased by them under a registered partition deed dated 10.01.2006 vide document No.30 of 2006, whereunder an extent of Ac.2-06 cents each fell to their respective share. After the demise of the father of the 2nd petitioner, the 2nd petitioner came into the possession of the property as an absolute owner. 3. It is the further case of the petitioners that, the 4th respondent visited the lands of the petitioners on 26.02.2020 and conducted survey by taking measurements of the land and when the same was questioned by the petitioners, as to why the survey is conducted, the 4th respondent replied that the lands belonging the petitioners are required for “Navaratnalu- Pedalandariki Illu” Scheme. 3 TCDS, J W.P.No.6760 of 2020 4. It is also contended by the petitioners that the 4th respondent orally directed the petitioner to vacate from the subject lands, so as to enable them to allot the same in favour of the landless poor persons. 5. It is further contended that the 4th respondent and his staff again visited the subject land on 05.03.2020 and made certain markings and thereafter, attempted to dispossess the petitioners. The said action of the respondents in trying to dispossess of the petitioner without following due process of law and without initiating the proceedings contemplated under Act 30 of 2013 is assailed in the present Writ Petition. This Court, while ordering notice on 17.03.2020, granted interim order directing the respondents not to interfere with the lands of the petitioners. The said interim order is subsisting as on today. 5. Admittedly, no notice was issued to the petitioners before taking any action in the matter. Unless the petitioners are put on notice and procedure contemplated Under Act 30 of 2013 is followed, the respondents cannot interfere with the possession of the petitioners. 6. During the course of hearing, the learned Government Pleader for revenue across the bar submits that there is no such proposal to allot the lands of the petitioner under Navaratnalu-Pedalandariki Illu Scheme. 4 TCDS, J W.P.No.6760 of 2020 7. In that view of the matter, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner in respect of subject lands. 8. It is needless to mention if the said lands are required for public purpose, it is always open to the respondents to invoke the provisions of the Act 30 of 2013 and to proceed with the matter in accordance with law. 9. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 05.03.2025 LSP 5 TCDS, J W.P.No.6760 of 2020 61 THE HON’BLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 6760/2020 05.03.2025 LSP