IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO.36887 of 2022
Between:-
Smt.Bandarla Jayakumari .... Petitioner
And
The State of Andhra Pradesh,
represented by its Principal Secretary,
Department of Revenue, Secretariat,
Velagapudi, Amaravathi & 4 others. .... Respondents
Counsel for the Petitioners : Mr.Vutupalli Rajanna
Counsel for the Respondents : Learned Asst. Govt. Pleader for Revenue
ORDER:
Heard learned counsel for the petitioner. Also heard learned Assistant Government Pleader for Revenue and Mr.V.Vinod K. Reddy, learned Standing Counsel for Gram Panchayats appearing for the 5th respondent. This Writ Petition is disposed of, at the stage of admission, with the consent of all the concerned learned counsel.
2. The learned counsel for petitioner while referring to the averments in the Writ Petition, inter alia, submits that the petitioner purchased the subject matter property, made an application before the 5th respondent for grant of permission in the month of July, 2022 and also for 'No Objection Certificate' for grant of electricity connection. The learned counsel submits that the 5th respondent on 18.07.2022 recommended for supply of electricity 2 connection and the same was sanctioned. He submits that the petitioner is taking steps to construct a house in the subject matter property. However, the respondents 4 & 5 are interfering with the petitioner's property and not allowing him to make constructions. He also submits that the respondent authorities are trying to demolish some of the structures raised by the petitioner without issuing any notice or following the due procedure as contemplated under Law. In such circumstances, the learned counsel submits that the petitioner has approached this Court. While drawing the attention of this Court to an order passed in W.P.No.15642 of 2021 dated 04.08.2021, the learned counsel would submit that the Court may consider the same and pass similar order.
3. The learned Assistant Government Pleader for Revenue on the basis of written instructions dated 04.11.2022 received from the 4th respondent submits that the subject land was assigned for agricultural purposes and as the petitioner is found constructing residential house therein, the respondent authorities have instructed him not to make any constructions as the petitioner had violated the conditions of Patta. Making the said submissions, the learned Assistant Government Pleader seeks dismissal of the Writ Petition.
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4. This Court has considered the submissions made and perused the material on record, including the order on which reliance is placed by the learned counsel for the petitioner. As is seen from the said order, in similar circumstances, the said Writ Petition was disposed of while referring to the Judgments of the Hon'ble Supreme Court in Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr1 with a direction to the respondents not to dispossess the petitioners from the subject property or demolish the houses constructed by them, except by following due process of Law.
5. Considering the submissions made and in the light of the above orders, this Court is inclined to dispose of the Writ Petition with a direction to the respondent authorities not to dispossess the petitioner from the subject matter property and not to demolish the structures made by her, except by due process of Law. There shall be no order as to costs. As a sequel, all pending applications stand closed.
___________________________ JUSTICE NINALA JAYASURYA Date: 14.11.2022 Note : Issue CC by 17.11.2022 (B/o) IS 1 AIR 2004 SC 4609 4 THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.36887 of 2022 Date: 14.11.2022 Note : Issue CC by 17.11.2022 (B/o) IS