R Saraswathi vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2979 AP

     IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                    &
           HON'BLE MR. JUSTICE NINALA JAYASURYA

                  WRIT APPEAL No.501 OF 2023

                        (Through physical mode)

R. Saraswathi,
W/o. R. Siddaiah,
Aged about 61 years,
R/o. Balija Palli,
Chinnagottigallu Mandal - 517194,
Tirupati District.
                                                          .. Appellant
                                Versus

The State of Andhra Pradesh,
Represented by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Guntur District and 4 others.
                                                       ...Respondents

                         JUDGMENT (ORAL)

Dt : 09.05.2023

(per Prashant Kumar Mishra, CJ)

The present Writ Appeal is filed questioning the order, dated

13.02.2023, passed in Writ Petition No.3485 of 2023 by the learned

single Judge.

2. W.P. No.3485 of 2023 was filed seeking to declare the action of

the respondents in interfering with the land to an extent of Ac.0-65 HCJ & NJS, J W.A. No.501 of 2023

cents in Sy.No.344/2B situated at Bhakarapet Revenue Village,

Chinnagottigallu Mandal, Tirupati District as illegal and arbitrary and

consequently, to direct the respondents not to interfere and not to

dispossess the petitioner and her family members from the said land.

The same was disposed of by the learned single Judge with certain

directions.

3. The writ petitioner claims to be in possession of the aforesaid

land on the strength of a DKT patta. In course of hearing before the

learned single Judge, learned Assistant Government Pleader for

Revenue informed the Court, based on written instructions, that the

writ petitioner was not given such DKT patta; that Sy.No.344/2B does

not exist in Sy.No.344; that there is no sub division/further

classification of Sy.No.344 as on that date and that pahani copy and

Form-1B were issued to the writ petitioner by virtue of tampering of

revenue records in the year 2018 wherein sub division Sy.No.344/2B

was shown.

4. Considering the above written instructions, learned single Judge

directed the respondents to recover the subject land by following the

due procedure strictly in accordance with law and also directed

respondent Nos.1 and 2 to conduct enquiry in the matter with regard

to tampering of revenue records in respect of the subject land and to HCJ & NJS, J W.A. No.501 of 2023

take appropriate action against the persons concerned including the

writ petitioner if she is found to be held responsible for such tampering

of the revenue records so as to protect the lands from being grabbed

and the revenue records from being tampered.

5. Having heard the learned counsel for the appellant, we are not

inclined to interfere with the order passed by the learned single Judge

for the reason that the writ petitioner's interest has been safeguarded

by directing respondent Nos.1 and 2 to conduct enquiry. If in the said

enquiry wherein the writ petitioner shall be allowed to participate, it is

eventually found that the revenue records have been tampered to

demonstrate sub division Sy.No.344/2B and thereafter, DKT patta was

issued, it will remain open to the concerned official respondent to

recover the subject land by following the due process of law wherein

the writ petitioner shall be afforded an opportunity of hearing.

6. Accordingly, the Writ Appeal is disposed of. No costs. Pending

miscellaneous applications, if any, in this Writ Appeal shall stand

closed.

PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J

AMD HCJ & NJS, J W.A. No.501 of 2023

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No.501 OF 2023

(per Prashant Kumar Mishra, CJ)

Dt: 09.05.2023

AMD