Sl. Office vs Unknown
2022 Latest Caselaw 9868 AP

          HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: W.P.No.3809 of 2020
                 PROCEEDING SHEET

Sl.                                                                         OFFICE
      DATE                                ORDER
No.                                                                         NOTE.
06 27-12-2022   RC,J
                       The case of the petitioner is that the
                respondent authorities are interfering with her

possession and enjoyment of her house site admeasuring 553.55 sq.yards situated in Survey No.24/3D2 of Varalaxmi Nagar, Cheemalapally village, Pendurthy Mandal, Visakhapatnam District, without demarcating and identifying the surplus and retainable land in pursuance of the proceedings No.CC.No.106/75 VSP, dated 23.05.1979 issued by the 3rd respondent-Land Reforms Tribunal and without following the due process of law.

When the matter is taken up for consideration, the learned Assistant Government Pleader sought time for filing counter.

To the said submission, the learned counsel for the petitioner contended that still there is threat of dispossession and as such prayed to protect the interest of the petitioner pending writ petition and has drawn the attention of this Court to the order passed by this Court in W.P.No.12529 of 2012 in relation to similarly situated persons wherein stay of dispossession was granted which is placed on record. If interim direction is not granted the purpose of filing the writ petition will be defeated. contd... On the other hand the learned Assistant Government Pleader for Revenue, on written instructions, contended that the land in Survey No.24 was sub-divided as 24/1 and 24/2 and no further sub division took place and the written instructions are vague.

In the entire written instructions, nowhere the authorities have specifically denied the possession of the petitioner over the subject land.

A perusal of the judgment relied on by the learned counsel for the petitioner in W.P.No.12529 of 2012 shows that the subject land therein is also situated in S.No.24/3D2 and the petitioner is claiming possession of the land in the very same survey number.

Though the matter pertains to the year 2020, the petitioner is still apprehending dispossession.

Taking the submissions made by both the learned counsel into consideration, there shall be an order of status quo for a period of eight (08) weeks.

Post on 20.01.2023.

_______ RC,J RR