D Hussainbi vs The State Of Andhra Pradesh
2022 Latest Caselaw 9348 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                   &
            HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                  WRIT APPEAL No.687 OF 2022

D. Hussainbi, S/o D. Lalusaab,
Aged 64 years, Occ: coolie,
R/o Illuru Village, Garladinne Mandal,
Ananthapuramu District and others.

                                                    ..Appellants

                                 Versus

The State of Andhra Pradesh represented
by its Principal Secretary, Revenue Department,
Secretariat Buildings at Velagapudi, Amaravati,
Guntur District, and others.
                                                   ...Respondents

                                  ***

ORAL JUDGMENT Dt:06.12.2022

(per Prashant Kumar Mishra, CJ)

1. This writ appeal would call in question the order dated

08.04.2022 passed by learned single Judge in W.P.No.2004 of 2022.

2. Heard on admission.

3. By the order under appeal, the learned single Judge disposed of

the writ petition preferred by the writ petitioner (respondent No.5 HCJ & DVSS,J

herein) directing the respondents therein not to dispossess the writ

petitioner, without following due process of law.

4. It is argued that in respect of the same subject land, the writ

petitioner has already filed Civil Suit bearing O.S.No.482 of 2018 in the

Court of the Principal Junior Civil Judge, Ananthapuramu, wherein the

writ petitioner is arrayed as plaintiff No.2, and the said civil Court by

order dated 17.07.2018 has passed interim order directing both the

parties to maintain status quo in respect of the suit land. It is, thus,

contended that during pendency of the suit, the writ petition filed by

the writ petitioner for the same relief is not maintainable, and more

over pendency of the Civil suit had been concealed from this Court.

5. Mr. D.V. Sasidhar, learned counsel appearing for the writ

petitioner (respondent No.5 herein), submits that the Civil suit is

between the private parties whereas the writ petition has been filed as

there is threat of dispossession and as the official respondents tried to

interfere with the petitioner's possession for allotting the subject land

to landless poor persons despite subsistence of status quo order

granted in the civil suit. He would submit that the cause of action for

filing the suit and filing the present writ petition are different and

nothing has been concealed from this Court and the learned single

Judge has not decided anything, but the order under appeal has been HCJ & DVSS,J

passed on the admission of the learned Government Pleader for

Revenue.

6. Having perused the material brought before this Court, we are

not inclined to interfere with the order under appeal for the reason that

the inter se dispute between the private parties shall be decided by the

Civil Court and any decree passed by the Civil Court will be binding on

the parties including plaintiff No.2/writ petitioner. Even otherwise, if

the official respondents intend to resume possession of the subject

land, they can do so only after following due process of law. In such

eventuality, it will be open for the parties to apprise the official

respondents as to their right and entitlement over the subject land,

which shall remain subject to the final order of the Civil Court.

7. Accordingly, the Writ Appeal is dismissed. No order as to costs.

All the pending miscellaneous applications shall stand closed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn HCJ & DVSS,J

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

WRIT APPEAL No.687 OF 2022

(per Prashant Kumar Mishra, CJ)

Dt:06.12.2022

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