Kola Narasimha Murthy vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble B Krishna Mohan
Case Status:Disposed
Order Date:28 Mar 2023
CNR:APHC010149802023

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble B Krishna Mohan

Listed On:

28 Mar 2023

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION No.7695 of 2023

Between:

Kola narasimha Murthy, S/o.Kola Sriramulu, Aged about 58 years, R/o.D.No.5-67b, Main Road, Nimmakayala Kothapalli, Uppalaguptam, Dr.B.R Ambedkar Konaseema, Erstwhile East Godavari District and 2 others.

....... Petitioners

And

The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and 8 others

...... Respondents

ORDER:

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

  1. The grievance of the Writ Petitioner is that, the petitioners subject land in an extent of Ac.0.50 cents in Sy.No.566/5 situated at Vanapalli Palem Revenue Village, Uppalaguptam Mandal, Dr.B.R.Ambedkar Konaseema (Erstwhile East Godavari) District, is under threat of dispossession of the petitioners from the subject land at the instance of the 4th respondent.

  2. The learned counsel for the petitioners submits that, the petitioners are the residents of Nimmakayala Kothapalli Village, Uppalagptam Mandal, Dr.B.R.Ambedkar Konaseema District and the subject land is in an extent of Ac.0.50 cents in Sy.No.566/5 situated at Vanapalli Palem Revenue Village. The said land was purchased by the petitioners through the registered documents vide Document No.2788/2005, dated 08.12.2005 and Document No.2948/2008, dated 12.11.2008 and the link documents are bearing document No.2271/1968, dated 03.07.1968 and 2100/1994, dated 07.11.1994. From the date of their purchase, the petitioners are in peaceful possession and enjoyment of the subject land. While so, the 4th respondent suddenly on 23.03.2023 visited the site and threatened the petitioners to vacate the subject land without following any due procedure and without any notice to the petitioners.

  3. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that the 4th respondent would follow the due procedure with respect to the subject land.

  4. In view of the above said facts and circumstances, the 4th respondent is directed not to dispossess the petitioners from the subject land except by following the due process of law. However, it does not preclude the respondent Nos.2 to 4 to recover/protect the subject land strictly in accordance with law.

2

Accordingly, the Writ Petition is disposed of. No costs.

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

_______________________________ JUSTICE B KRISHNA MOHAN

28.03.2023 KMS

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

WRIT PETITION No.7695 OF 2023

28.03.2023

KMS