Sagiraju Vijayalakshmi vs State Of Andhra Pradesh,
2024 Latest Caselaw 5100 AP

Andhra Pradesh High Court - Amravati

Sagiraju Vijayalakshmi vs State Of Andhra Pradesh, on 4 July, 2024

APHC010278762024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                   [3328]
                           (Special Original Jurisdiction)

                   THURSDAY ,THE FOURTH DAY OF JULY
                    TWO THOUSAND AND TWENTY FOUR

                               PRESENT

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD

                      WRIT PETITION NO: 13936/2024

Between:

  1. SAGIRAJU VIJAYALAKSHMI, W/O LATE SAGIRAJU VENKATA
     NARASIMHA RAJU, AGED ABOUT 69 YEARS, R/O AGURU STREET,
     NELLIMARLA VILLAGE AND MANDAL, VIZIANGARAM DISTRICT.

                                                         ...PETITIONER

                                  AND

  1. STATE OF ANDHRA PRADESH, REP. BY                  ITS PRINCIPAL
     SECRETARY,     REVENUE DEPARTMENT,                 SECRETARIATS
     BUILDING, VELAGAPUDI, AMARAVATI.

  2. THE    DISTRICT      COLLECTOR,     VIZIANAGARAM        DISTRICT,
     VIZIANAGARAM.

  3. THE        REVENUE          DIVISIONAL                  OFFICER,
     VIZIANAGARAM,VIZIANAGARAM DISTRICT.

  4. THE    TAHSILDAR,  NELLIMARLA,         NELLIMARLA        MANDAL,
     VIZIANAGARAM DISTRICT.

                                                     ...RESPONDENT(S):

Counsel for the Petitioner:

  1. RAMAKRISHNA PATIVADA

Counsel for the Respondent(S):
      1. GP FOR ASSIGNMENT

The Court made the following:

ORAL ORDER:

Heard Sri Ramakrishna Pativada, learned Counsel for the Petitioner

and Sri Dilip Nayak, learned Assistant Government Pleader for Revenue.

2. Learned Counsel for the Petitioner has drawn the attention of this Court

to the notice issued under Section 7 of the Andhra Pradesh Land

Encroachment Act, 1905 (Ex.P7) followed by the explanation given by the

Petitioner to the Tahsildar dated 09.03.2024 (Ex.P8).

3. Learned Counsel for the Petitioner has also drawn the attention of this

Court to the Final Order passed by the Tahsildar (Impugned herein) bearing

Rc.No.89/2024/SA dated 28.06.2024.

4. Learned Counsel for the Petitioner would submit that the lands in

question are Zeroiti lands which are situated in Sy.Nos.57/1 and 57/2 (Old

Sy.No.299) of Nellimarla Village, Vizianagaram District.

5. Learned Counsel for the Petitioner would submit that the father-in-law of

the Petitioner has been in possession of this land and the Petitioner is

claiming the title to this land through Patta granted by the Raja of

Vizianagaram.

6. Learned Counsel for the Petitioner has drawn the attention of this Court

to various tax receipts spread over a long period of time. He has placed

reliance on a judgment of the Hon'ble Apex Court in Government of A.P. vs.

Thummala Krishna Rao and Another: (1982) 2 SCC 134. He has drawn the attention of this Court to Paragraph Nos.8 & 9 of the Judgment of the Hon'ble

Apex Court.

7. Having considered the submissions, this Court, prima facie, is of the

opinion that the balance of convenience is in favour of the Petitioner.

Accordingly, the Impugned Eviction notice bearing Rc.No.89/2024/SA dated

28.06.2024 shall remain suspended until further orders.

8. Let Counter Affidavit be filed within four weeks. Two weeks thereafter

for filing Rejoinder, if any.

9. Post on 20.08.2024.

____________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 04.07.2024 Note: Issue C.C. today.

B/o VTS