WP/31469/2024 of SABBI MANGA Vs THE STATE OF ANDHRA PRADESH on 31 December 2024

1. The Stateof Andhra Pradesh,Rep.byitsPrI.Secretary,Revenu^e’(Assignment)Department,A.P.SecretariatVelagapudi-522237,Amaravathi, Guntur District.(Assignment)Department,A.P.SecretariatVelagapudi-522237,Amaravathi, Guntur District.

2. The District Collector, Visakhapatnam District at Visakhapatnam - 530001001

3. The Tahsildar, Gajuwaka, Visakhapatnam - 530 026

4. GreaterVisakhapatnamMunicipalcorporation(GVMC)Visakhapatnam - 533 001, Rep. by its Commissioner.Visakhapatnam - 533 001, Rep. by its Commissioner.

...Respondents

Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue a Writ order or direction, more particularly one in thenature of Writ of Mandamus or any other appropriate Writ, declaring theaction of the respondent authorities in proposing to evict the petitioner fromthe property situatedin Sy.No. 87 (Part) bearing Door[No.]9-2-141/3ofGajuwaka, Visakhapatnam as illegal, arbitrary and violative of principles ofnatural justice and for a consequential direction to the respondents not tointerfere with the possession and enjoyment of the petitioner's property situated in Sy.No. 87 (t^rt) bearing Door No. 9-2-141/3of Gajuwaka,Visakhapatnam lA NO: 1 OF 2024

Petitionunder Section 151 CPC praying that in the circumstancesstated in the affidavit filed in support of the petition,[the][ High][ Court][ may][ be]pleased to grant stay of eviction of the petitioner from tJ;ie..property situated^No.9-2-141/3ofGajuwaka,inSy.No.87(Part)bearingDoorVisakhapatnam, pending disposal of the present WritPetition Counsel for the Petitioner: SRI N SIVA REDDY

'.Counsel for the Respondents No.1 to 3: GP FOR REVENUE

Counsel for the Respondent No.4: SRI A S C ^SE, SCFOR MUNICIPALCORPORATION

The Court made the following: Order

APHC010604232024COURT OF ANDHRA PRADESHIN THE HIGH[3329]at AMARAVATIIN THE HIGH[3329]at AMARAVATIM(Special Original Jurisdiction)

thirty first day of DECEMBERTUESDAY ,THETWO THOUSAND AND TWENTY FOURPRESENTJUSTICE VENKATESWARLU NIMMAGADDA

the HONOURABLE SRI

WRIT PETITION NO: 31469/202,4

Between:

Sabbi Manga

AND

The State Of Andhra Pradesh and OthersCounsel for the Petitioner:

...PETITIONER

...RESPONDENT(S)

1. N SIVA REDDY

Counsel for the Respondent(S):

1. GP FOR REVENUE

The Court made the following:

226 of the Constitution of India1.This writ petition is filed under Articleclaiming the following relief; theactionofthe“Toissuewritof mandamusdeclaringrespondent authorities in proposing to evict the petitionerfromthe property situated in Sy.No,87 (Part) bearing DoorNo.9-2-141/3 of Gajuwaka, Visakhapatnam as illegal, arbitraryandand for a consequentialviolative of principles of natural justicedirection to therespondents not to interfere with the possessionsituated in Sy.No.87and enjoyment of the petitioner's property (Part)bearingDoorNo.9-2-141/3ofGajuwakaVisakhapatnam.”

2. Originally, the father-in-lawof thepetitioner purchased[Government]land admeasuring an extent of Ac.0-15 centsin Sy.No.87 Part (land withbuilding) in Gajuwaka Village from Sri A.V. Bhanojirao,[an Inamdar.][ Later,][ the]property was devolved upon the petitioner by Special Power of Attorneyexecuted in her favour. Thereafter, she has been continuingin possessionand enjoyment of the said property. The petitioner made an applicationdated28.09.2012 for regularization of the said land before the Tahsildar, Gajuwaka.Thereupon, theRespondent/Tahsildar forwarded the applicationof thepetitioner to the 2ndRespondent/District Collector on 25.01.2014toissuesuitable instructions in the matter. Though the application[was][ forward][ to][ the]2'^'^ Respondent long back, no orders have been passed by him.land admeasuring an extent of Ac.0-15 centsin Sy.No.87 Part (land withbuilding) in Gajuwaka Village from Sri A.V. Bhanojirao,[an Inamdar.][ Later,][ the]property was devolved upon the petitioner by Special Power of Attorneyexecuted in her favour. Thereafter, she has been continuingin possessionand enjoyment of the said property. The petitioner made an applicationdated28.09.2012 for regularization of the said land before the Tahsildar, Gajuwaka.Thereupon, theRespondent/Tahsildar forwarded the applicationof thepetitioner to the 2ndRespondent/District Collector on 25.01.2014toissuesuitable instructions in the matter. Though the application[was][ forward][ to][ the]2'^'^ Respondent long back, no orders have been passed by him.

3. It is the further grievance of the petitioner that,[with][ an]evil intention tograb the property, some local politicians with the help of revenue authoritiesareintendingtodispossessthepetitioner fromherland. The petitionersubmits that, the respondents, more particularly, the 2"^ respondent who is thecompetent authority, without considering the application of the petitioner forregularization, the respondents are trying to dispossess her from her property.Hence this writ petition.

4. On the other hand, learned Government Pleader for Revenue[furnished]written instructions dated 31.12.2024 submitted by the Tahsidlar, Gajuwakawritten instructions dated 31.12.2024 submitted by the Tahsidlar, Gajuwaka and would submit that Respondent No,3 i.e. Tahsidlar,[Gajuwaka][ never][ tried]to interfere with the possessioh and enjoyment of the[petitioner][ property]situated in anextent of 38.27 sq.yds in Sy.No.87 of Gajuwaka Village.

Greater VisakhapatnamMunicipal5.LearnedStandingCounselforwould also submit that the officials of theCorporation - Respondent No.4interfering with the peaceful possessionandCorporationarealsonotenjoyment of the property of the petitioner.

5.

and enjoyment of the6.When the petitioner is in settled possessionnot entitled to interfere with their possessionproperty, the respondents aresuchhighhandedactionof theandenjoymentofthepetitioner andviolating constitutionalrespondents would amount to depriving the petitioner’sof the Constitution of India, besidesright guaranteed under Article 300-Aof India. Even assuming for a momentviolation of Article 14 of the Constitution, still, the petitioner is required to bethat this petitioner’s possession is illegalaction and in view of the lawafforded an opportunity before taking appropriatedeclaredbythe ApexCourtinRameGowda(dead)byL.Rs.v.isinsettled, when the petitionerM.Varadappa Naidu (Dead) by LRsshe cannot be dispossessedpossession and enjoyment of the property. Therefore, the respondents are directedwithout following due process of lawnot to dispossessthe petitioner from her property, except by due processoflaw.

7. In view of the categorical submissions made by learned[Government]Pleader for Revenue, learned Standing Counsel for Greater VisakhapatnamMunicipal Corporation and also in View of the written instructions submitted bythe Tahsildar, Gajuwaka dated31.12.2024,that the respondentsarenotinterfering with the property of the petitioner, the respondents are directed notto dispossess the petitioner from her property, except by due process of law.Pleader for Revenue, learned Standing Counsel for Greater VisakhapatnamMunicipal Corporation and also in View of the written instructions submitted bythe Tahsildar, Gajuwaka dated31.12.2024,that the respondentsarenotinterfering with the property of the petitioner, the respondents are directed notto dispossess the petitioner from her property, except by due process of law.

8. Withthe abovedirection, the writpetitionis disposedof,withtheconsent of both the counsel. No costs.consent of both the counsel. No costs.

9. Consequently, miscellaneous petitions pending,if any,[shall][ also][ stand]

Sd/- Nl. PRABAKAR RAOassistant registrarSECTION OFFICER

closed.

//TRUE COPY//

To

/

1ThePrinicpalSecretary,StateofAndhraPradesh,-Revenue(Assignnnent) Department, A.P. Secretariat Velagapudi522237,Amaravathi, Guntur District.(Assignnnent) Department, A.P. Secretariat Velagapudi522237,Amaravathi, Guntur District.2The District Collector, Visakhapatnam District at[Visakhapatnam][ -][ 530]001^001^

3. The Tahsildar, Gajuwaka, Visakhapatnam - 530 026

4. TheCommissioner,Greater VisakhapatnamMunicipalCorporation(GVMC), Visakhapatnam - 533 001(GVMC), Visakhapatnam - 533 001

5. One CC to SRI N SIVA REDDY Advocate [OPUC]

6One CC to SRI A S C BOSE, STANDING COUNSEL FORCORPORATION [OPUC]CORPORATION [OPUC]

7. Two CCS to GP FOR REVENUE, High Court of Andhra[Pradesh][ [OUT]]

8. Three CD Copies

HIGH COURT

DATED: 31/12/2024

ORDER

WP.No.31469 of 2024

DISPOSING THE WPWITHOUT COSTS

&O <1 JAN 2025^ . Current Section^!^£^PATCW5S:JI^