Y.Fayazunnisa Begum vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Ninala Jayasurya
Case Status:Unknown Status
Order Date:22 Dec 2020
CNR:APHC010370282020

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble Ninala Jayasurya

Listed On:

22 Dec 2020

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)

TUESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY

:PRESENT: THE HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 24660 OF 2020

Between:

Smt. Y.Fayazunnisa Begum, W/o. Syed Mahaboob Basha (Late)

Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Dept. of Revenue,
  • Velagapudi, Amaravathi, Andhra Pradesh.
  • The District Collector, Kurnool District, Andhra Pradesh. The Revenue Divisional Officer, Kurnool District, Andhra Pradesh.
    1. The Tahsildar, Kallur, Kallur Mandal, Kurnool District, A.P.

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 or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent Nos.3 and 4 in trying to disposes the Petitioner from her Agriculture Land, admeasuring 5 Acres in Sy.No.86, Situated at Tadakanapally, Kalluru Mandal, Kurnool District for the purpose of distributing the Plots to the General Public under Jagananna Illa Pattalu Scheme, which is illegal, arbitrary and also violation of Article 21 and 300-A of the Constitution of India and also against Section 3 and 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and without jurisdiction and consequently direct the Respondents 2 to 4 not to disposes the Petitioner from her Agriculture Land, admeasuring 5 Acres, in Sy.No.86, situated at Thadakanapalle, Kalluru Mandal, Kurnool District, Andhra Pradesh.

IA NO: 1 OF 2020:

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to direct the Respondents 2 to 4 not to disposes the Petitioner from her Agriculture Land, admeasuring 5 Acres, in Sy.No.86, situated at Thadakanapalle, Kalluru Mandal, Kurnool District, Andhra Pradesh for the purpose of distributing the Plots to the Needy under Jagananna Illa Pattalu Scheme, pending disposal of WP No. 24660 of 2020 on the file of the High Court.

The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri Y.Balaji, Advocate for the Petitioner and of Asst. G.P. for Revenue for the Respondents, the Court made the following

ORDER:

" Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Revenue on instructions seriously disputes the pattas granted in favour of the petitioner in the present writ petition.

He also placed material to show that there are certain interpolations in the revenue records. Learned Assistant Government Pleader also states that appropriate criminal action is being taken by the concerned-authorities.

In view of the submissions made by the learned Assistant Government Pleader, this Court is of the opinion that the matter requires to be considered after filing counteraffidavits by the concerned respondents.

Let the same be done, within a period of three (3) weeks from today. List on 18-01-2021."

Sd/- A. Surya Prakasa Rao DEPUTY REGISTRAR $sca$ SECTION OFFICER

//TRUE COPY//

for ASSISTANT REGISTRAR

$To$

  • The Principal Secretary, Dept. of Revenue, State of Andhra Pradesh, Velagapudi,<br>Amaravathi, Andhra Pradesh. The District Collector, Kurnool District, Andhra Pradesh. The Revenue Divis

    1. One spare copy.

SAH

HIGH COURT

NJSJ

DATED:22-12-2020

NOTE: LIST ON 18-01-2021

ORDER

WP.No.24660 OF 2020

DIRECTION