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

THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHI

WRIT PETITION NO: 10037 OF 2020

Between:

Shaik Mahaboob Subhani, S/o.Chinna Mastan, Aged about 45 Years, Occ: Agriculture, R/o. Thurakapalem Village, Machavaram Mandal, Guntur District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi. Guntur District.
• 2. The Revenue Divisional Officer, Gurazala, Guntur District.
• The Tahsildar, Machavaram, Guntur District. The Station House Officer, Machavaram Police Station, Machavaram, Guntur District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in interfering with petitioner private land to an extent of Ac.1-92 cents in Sy.No.141/29-B situated at Tadutla Village, Machavaram Mandal, Gurazala Revenue Division, Guntur District. without following due process of law, as illegal, arbitrary, violative of Article 300-A of the Constitution of India, apart from being violative of Principles of Natural Justice, consequently direct the respondents not to interfere with petitioner private land to an extent of Ac.1-92 cents in Sy.No.141/29-B situated at Tadutla Village, Machavaram Mandal, Gurazala Revenue Division, Guntur District, except in accordance with law.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to interfere with petitioner private land to an extent of Ac.1-92 cents in Sy.No.141/29-B situated at Tadutla Village, Machavaram Mandal, Gurazala Revenue Division, Guntur District, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRI VENKATA RAMA RAO KOTA

Counsel for the Respondents: GP FOR REVENUE

The Court made the following: ORDER

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

WRIT PETITION No.10037 OF 2020

ORDER:

This writ petition is filed, "to declare the action of respondents 2 and 3 in interfering with petitioner private land to an extent of Ac.1.92 cents in survey No.141/29-B situated at Tadutla Village, Machavaram Mandal, Gurazala Revenue Division, Guntur District, without following due process of law, as illegal and arbitrary".

The case of the petitioner is that he is the owner and $2.$ possessor of the subject land, which is the ancestral property, having inherited the same through his father by name China Mastan. During the life time of the grandfather of the petitioner, he paid the land revenue and after his demise, father of the petitioner paid the land revenue and thereafter the petitioner has been paying the land revenue to the Government. On the application of the petitioner, the 3^rd respondent, after conducting thorough enquiry, issued e-passbook bearing No.072059002000097 under Khatha No.665 in favour of the petitioner in respect of the subject land. While the things stood thus, with the active instigation of the ruling political party leaders, on 17.2.2020 at about 11.00 am, the staff of the respondent Nos.2 and 3 came to the subject land and started measuring the same. When the petitioner went to the land and objected for measuring the land by showing e-passbook issued

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in his favour as well as Adangal/pahani and the land revenue receipts issued by the Government in respect of the subject land, the staff informed him that they came to the subject property on oral instruction of respondent Nos.2 and 3 that it is a 'Government land' and that the Government is going to issue house site pattas to the weaker sections under 'Navarathnalu' The staff of the respondent Nos.2 and 3 did not scheme. consider the request of the petitioner and left the place with a warning that they will come again with police and dispossess the petitioner from the subject land. Hence, the writ petition is filed.

Learned Government Pleader, on instructions, submits З. that the survey No.141 is recorded as "Government land" and the same is not sub-divided. He further submits that the entire extent of survey No.141 is Acs.10.00 and out of the same Acs.4.00 is identified for distribution of house sites.

$\overline{4}$ As seen from the documents filed along with the writ petition, e-passbook has been issued to the petitioner for the subject land admeasuring Ac.1.92 cents in survey No.141/29-B and the copy of the Pahani, which is filed along with the writ petition, also shows the same. In the written instructions issued by the 3^rd respondent to the Government Pleader, he also admitted that the e-passbook has been issued to the petitioner along with I-B certificate.

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In view of the facts and circumstances of the case, if the 5. respondents want to dispossess the petitioner from the subject land, they are directed to follow the procedure contemplated under law.

With the above direction, the writ petition is disposed of. 6. As a sequel, the miscellaneous applications pending, if any, shall stand closed.

//TRUE COPY//

Sd/-K. JAGAN MOHAN DEPUTY REGISTRAR $\mathcal{L}$

SECTION OFFICER

To,

• 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi. Guntur District.
• 2. The Revenue Divisional Officer, Gurazala, Guntur District.
• The Tahsildar, Machavaram, Guntur District. The Station House Officer, Machavaram Police Station, Machavaram, Guntur District.
• 5. One CC to Sri Venkata Rama Rao Kota, Advocate [OPUC]
• 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]7. Two C.D. Copies.
• Cnr

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HIGH COURT

DATED:18/06/2020

ORDER

WP.No.10037 of 2020

DISPOSING OF THE W.P. WITHOUT COSTS

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