Thota Sarojini, vs State Of Andhra Pradesh,
2023 Latest Caselaw 4657 AP

 IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
                WRIT PETITION No.25149 OF 2020
Between:
Thota Sarojini, W/o late Mallikarjuna Rao,
Aged about 56 years, Occ: Housewife, R/o
Thotlavalluru, Krishna District, Andhra
Pradesh and seven others.
                                                        ... Petitioners
Versus

The State of Andhra Pradesh represented by
its    Principal     Secretary,     Revenue
Department, Block III, Velagapudi, AP
Secretariat, Amaravati and four others.
                                                       ... Respondents

Counsel for the petitioner              : Sri B.V.Anjaneyulu
Counsel for respondent Nos.1 to 5 : GP for Revenue

                                ORDER

The present writ petition is filed under Article 226 of the

Constitution of India seeking the following relief:

"...issue a writ in the nature of a writ of mandamus of any other appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus to declaring the action of the respondents in going to erect the sign boards to restrain the petitioners from their lands though there is appeal LRA No.2/2009 is pending before the Hon'ble Land Reforms Appellate Tribunal-cum-II Addl. District Judge, Eluru and further direct the respondents not to dispossess the petitioners from the land in an extent of Ac.4.47 cents

SRS, J W.P.No.25149 of 2020

in Sy.No.128/1 of Vallurupalem, Thotlavalluru, Krishna District and pass such other and further orders..."

2. Averments in affidavit, in brief, are that 1st petitioner's

husband purchased land of an extent of Ac.1.00 cents in

Sy.No.128/1, under a registered sale deed dated 05.09.1981. He

also purchased an extent of Ac.0.43 cents, under a registered

sale deed dated 10.08.1982. Petitioner Nos.2 to 8 also

purchased some part of land. The vendor of petitioners by name

Gopisetti Ramkrishna Mohan purchased land of an extent of

Ac.25.00 cents from one Raja Saibaba Varaprasada

Venkatarayulu Naidu Bahuddur, under a registered document

No.1661/1961. Respondent No.5 vide report dated 22.03.2000,

confirmed about the possession of the petitioners.

(a) Petitioners filed appeal vide L.R.A.No.6 of 2001 on

the file of the Land Reforms Appellate Tribunal-cum-II Addl.

District Judge, Eluru, against the judgment in C.C.No.874/V/75

dated 02.04.2001. The appellate authority remanded the matter

to the Land Reforms Tribunal vide judgment dated 16.04.2002.

Later the Land Reforms Tribunal passed orders on 09.12.2008.

The husband of 1st petitioner filed appeal, vide L.R.A.No.2 of

SRS, J W.P.No.25149 of 2020

2009, on the file of the Land Reforms Appellate Tribunal along

with others. The said appeal was dismissed for default on

11.09.2012. Later an application was filed seeking restoration

and the same is pending. Pending the said application, the

authorities are trying to dispossess the petitioners. Assailing the

said action, petitioners filed the above writ petition.

3. Respondent No.5 filed counter affidavit. It was contended

inter-alia, that as per the instructions of higher officials, steps

were taken to safeguard the Government land. In the said

process, it was proposed to erect board in the land of an extent

of Ac.4.47 cents in Sy.No.128/1B. The grievance of the

petitioners will be considered based upon the orders in LRAT

No.2 of 2009. Eventually, prayed to dismiss the writ petition.

4. Heard Sri P.Praveen Kumar, learned counsel representing

Sri B.V.Anjaneyulu, learned counsel for the petitioners and

learned Government Pleader for Revenue appearing for

respondents.

5. As seen from the pleadings and material papers available

on record, petitioners filed LRA No.2 of 2009 on the file of the

SRS, J W.P.No.25149 of 2020

Land Reforms Appellate Tribunal. The said appeal was

dismissed for default on 11.09.2012. Petitioners filed

I.A.No.2032 of 2019, to restore the appeal with a delay of 2,578

days and the same is pending consideration.

6. The grievance of the petitioners in the writ petition is that

respondent authorities are trying to dispossess the petitioners.

However, as seen from the counter affidavit, the respondent

authorities are erecting board indicating the public that the land

is belonged to the Government. In fact, as seen from the

pleadings, the authorities took possession of the property on

12.06.2009.

7. The contention of the petitioners that they are in

possession of the property is a disputed question of fact. This

Court while exercising jurisdiction under Section 226 of the

Constitution of India, will not adjudicate the dispute questions

of fact. Since the respondents are safeguarding the Government

properties erecting sign board, does not amount to

dispossession. Hence, this Court does not find any merit in the

writ petition and the writ petition is liable to be dismissed.

SRS, J W.P.No.25149 of 2020

8. Accordingly, the Writ Petition is dismissed. However, the

Land Reforms Appellate Tribunal shall consider and dispose of

I.A.No.2032 of 2019 on merits, as expeditiously as possible.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 04.10.2023 TVN

SRS, J W.P.No.25149 of 2020

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.25149 OF 2020

Date : 04.10.2023 TVN