Bandarla Jayakumari vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8701 AP

     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

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.

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

AIR 2004 SC 4609

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