WP/31383/2024 of ERRAMMA Vs THE STATE OF AP on 31 December 2024

1. The State of AP, rep., by its Principal Secretary, Revenue Department,Secretariat Buildings, Velagapudi, Guntur District.Secretariat Buildings, Velagapudi, Guntur District.

2. The District Collector, Chittoor, Chittoor District,

3. The Revenue Divisional officer, Kuppam Mandal, Chittoor[District.]

4. The Tahsildar, Shanthipuram Mandal, Chittoor District.

5. Ramakka, W/o. Lakshmappa Aged about 72 years, Occ Agriculture,

6. L.Venkatesh, S/o. Lakshmappa Aged about 40 years, Occ Agriculture

7. L.Krishnamoorthy,S/o.Lakshmappa Agedabout38years,OccAgricultureAgriculture Above Respondents No. 5 to 7 all are residingat Thulasinayanapa[lle]Village Nadimpalli Post, Shanthipuram Mandal, Chittoor[District.]

...RESPONDENTS

Petition under Article 226 of the Constitution of India is filed prayingthatin the circumstances statedin the affidavit filed therewith, the HighCourt may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus[declaring][ the action][ of]the respondents No. 3 and 4 in interfering with petitioner[rights][ over][ the]land in an extent of Ac.0.21 Cents in Sy.No.39/3G1[A][ and][ Ac.0.29][ Cents][ in]Sy.No.39/5Cof Thumsi revenue Village, ShanthipuramMandalChittoorDistrict,stating that the sameis required for allotment[of][ house]siteinfavour of land less poor persons without issuing any[notice] nor[ following]due process of law as arbitrary,illegal and one without jurisdiction andviolationofArt.21andArt.300-AoftheConstitutionofIndiaandconsequentlydirect therespondentsNos.3 and 4nottointerferewithpetitionerrightsoverthelandinanextantofAc.0.21CentsinSy.No.39/3G1A and Ac.0.29CentsinSy.No.39/5Cof ThumsirevenueVillage, Shanthipuram Mandal, Chittoor District.

lA NO: 1 OF 2024

PetitionunderSection151CPCisfiledprayingthatinthecircumstances statedin theaffidavit filedin support of thepetition, theHigh Court may be pleased to direct the respondent[No.4][ not][ to][ interfere]with the subject land without following due process[of][ law][ for][ land][ of][ an]extant of Ac.0.21 Cents situatedin Sy.No.39/3G1 A[and][ Ac.0.29][ Cents]inSy.No.39/5C of Thumsi revenue Village, Shanthipuram Mandal, ChittoorDistrict, pending disposal of the above Writ Petition.

lA NO: 2 OF 2024

PetitionunderSection151CPCisfiledprayingthatinthecircumstances statedin the affidavit filedin support of thepetition, theHigh Court may be pleased to direct the respondentsNo.4to 7 not toproceed with further construction activity in the subject[land]in an extent ofAc.0.21CentssituatedinSy.No.39/3G1 AandAc.0.29CentsinSy.No.39/5C of Thumsi revenue Village, Shanthipuram Mandal,ChittoorDistrict pending disposal of the above Writ Petition.

I

Counsel for the Petitioner: SRI B.V.DURGA PRASADCounsel for the Respondent Nos. 1 to 4: GP FOR REVENUECounsel for the Respondent Nos. 5 to 7: —The Court made the following: ORDER

APHC010602032024

IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)

[3329]

TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 31383/2024

Between:

Erramma

...PETITIONER

AND

The State Of Ap and Others

...RESPONDENT(S)

Counsel for the Petitioner:

1. B.V.DURGA PRASAD

Counsel for the Respondent(S):

1. GP FOR REVENUE

The Court made the following:

1. This writ petition is filed under Article 226 of the[Constitution][ of][ India]seeking the following relief:seeking the following relief:

“to issue a writ, order or direction more particularly[one]in thenatureof WRITOFMANDAMUSdeclaringtheactionofRespondent Nos.3 & 4 in interfering with petitioner[rights][ over][ the]land in an extent of Ac.0-21 cents in Sy.No.39/3G1A[and][ Ac.0-29]cents in Sy.No.39/5C of Thumsi Revenue Village, ShanthipuramMandal, Chittoor Districtand consequently direct RespondentNos.3 & 4 not to interfere with the petitioner rights[over][ the][ land][ in]an extent of Ac.0-21 cents in Sy.No.39/3G1A and Ac.0-29[cents]

inSy.No.39/5CofThumsiRevenueVillage,ShanthipuramMandal, Chittoor District.

2. During hearing, learned counsel for the petitioner, without touching themerits of the case, requested this Court to issue a direction to the respondentsnot to dispossess the petitioner from her land, without following due process oflaw.merits of the case, requested this Court to issue a direction to the respondentsnot to dispossess the petitioner from her land, without following due process oflaw.

3. Learned Assistant Government Pleader for Revenue, admitted that thepetitioneriscontinuinginpossessionofherlandandthe respondentsauthorities would follow due process of law and requested to pass appropriateorders.petitioneriscontinuinginpossessionofherlandandthe respondentsauthorities would follow due process of law and requested to pass appropriateorders.

4. When the petitionerisinsettled possessionand enjoymentoftheproperty, the respondents are not entitled to interfere with their possessionandenjoymentofthepetitionerandsuchhighhandedactionoftherespondents would amount to depriving the petitioner’s violating constitutionalright guaranteed under Article 300-A of the Constitution ofIndia,besidesviolation of Article 14 of the Constitution of India. Even assuming for a momentthat this petitioner’s possession is illegal,still, the petitioner is required to beafforded an opportunity before taking appropriate action[and][ in][ view][ of][ the][ law]declaredbytheApexCourtin“RameGowda(dead)byL.Rs.v.M.Varadappa Naidu (Dead) by L.Rs.1whenthepetitionerisinsettledpossession and enjoymentof the property,she cannot be dispossessedwithout following due process of law. Therefore, the respondents are directed2004(1) see 769property, the respondents are not entitled to interfere with their possessionandenjoymentofthepetitionerandsuchhighhandedactionoftherespondents would amount to depriving the petitioner’s violating constitutionalright guaranteed under Article 300-A of the Constitution ofIndia,besidesviolation of Article 14 of the Constitution of India. Even assuming for a momentthat this petitioner’s possession is illegal,still, the petitioner is required to beafforded an opportunity before taking appropriate action[and][ in][ view][ of][ the][ law]declaredbytheApexCourtin“RameGowda(dead)byL.Rs.v.M.Varadappa Naidu (Dead) by L.Rs.1whenthepetitionerisinsettledpossession and enjoymentof the property,she cannot be dispossessedwithout following due process of law. Therefore, the respondents are directed2004(1) see 769

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not to dispossess the petitioner from her property, except by due process oflaw.

5. Withthe abovedirection,thewritpetitionis disposedof,withthe consent of both the counsel. No costs.

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

closed.

Sd/- N. NAGAMMAASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Principal Secretary, Revenue Department, Secretariat BuildingsVelagapudi, Guntur District.Velagapudi, Guntur District.

2. The District Collector, Chittoor, Chittoor District,

3. The Revenue Divisional officer, Kuppam Mandal, Chittoor District.

4. The Tahsildar, Shanthipuram Mandal, Chittoor District.

5. One CC to Sri B.V.Durga Prasad Advocate [OPUC]

6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

7. Three CD Copies

TF

- ^

HIGH COURT

DATED:31/12/2024

ORDERWP.No.31383 of 2024

of ANDW/^m'I0 7 JAN 2025^. Current Section DISPOSING OF THE W.P. WITHOUT COSTS