IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION No.6411 of 2023

Mula Laksmi Devi @ Mala Lakshmi Devi, W/o. Mula Swamulu, aged 43 years, Occ: Agriculture, R/o.H.No.10- 124-177, SC Colony, Nannuru Village, Orvakal Mandal, Kurnool District.

…. Petitioner

Versus

The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, velagapudi, Guntur District and 3 others.

….Respondents

ORDER:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

2. The grievance of the writ petitioner is that, the 4th respondent is trying to dispossess the petitioner from the subject land in an extent of Acres 2.00 cents in Survey No. 1300 situated at Nannoor Village fields, Orvakallu Mandal, Kurnool District without following the due procedure.

3. The learned counsel for the petitioner submits that, the petitioner was given Pattadar Pass Book and title deed with respect to the subject land vide Patta No. 1441 and the Adangal copy dated 20.02.2023 discloses the name of the petitioner for an extent of Acres 2.00 cents in Survey No. 1300 of Nannoor Village fields, Orvakallu Mandal, Kurnool District. The Form-1B dated 21.12.2022 also discloses the name of the petitioner for the subject land for an extent of Acres 2.00 cents in Survey No. 1300 of the said village. The petitioner was also given bore-well connection which discloses that she is in possession and enjoyment of the same by cultivating the said land. While so, the 4th respondent gave notice dated 26.10.2022 to the various persons to survey the total land in an extent of Acres 95.20 cents for the purpose of construction of MIG layout to assess the feasibility of the same**.** Apprehending dispossession from the subject land, the petitioner along with the others gave representation to the 2nd respondent dated 28.10.2022 seeking withdrawal of the said proposal for acquisition. But, there is no progress thereafter in the matter. However, there is a threat of dispossession by the 4th respondent to the petitioner with respect to the subject land without following any due procedure.

4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, in case the subject land is required for any public purpose pursuant to the notice dated 26.10.2022 by the 4th respondent, the respondent authorities would follow the due process of law.

5. In view of the above facts and circumstances, the respondent Nos. 3 and 4 are directed not to dispossess the petitioner from the subject land, except by following the due process of law pursuant to the notice of the 4th respondent dated 26.10.2022. However, it does not preclude for the respondent Nos.2 to 4 to recover/protect the subject land strictly in accordance with law.

6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

16.03.2023 PGT/SNI