CHATLA TULASIDAS vs THE STATE OF AP

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.9790 of 2023 Chatla Tulasidas S/o.

Venkatarao, aged 51 years, Occ: Cultivation, R/o.Reyyi Street, Bellupada, Ichhapuram, Mandal, Srikakulm District. ….

Petitioner Versus The State of Andhra Pradesh, rep.

By its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District and 3 others. ….Respondents ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents 2.

The grievance of the writ petitioner is that, the 4th respondent is trying to interfere with the possession of the petitioner for an extent of Acres 0.50 cents in Survey No.197 of Ratakanna Village, Ichhapuram Mandal, Srikakulam District without following any due procedure.

3.

The learned counsel for the petitioner submits that, the petitioner was given DKT Patta for the subject land in an extent of Acres 0.50 cents in Survey No.197 of the said village 2 in the year, 1996.

The pattadar passbook was also issued in favour of the petitioner.

The petitioner also paid land tax vide receipt dated 07.04.2000.

When there was a threat of dispossession in the year, 2021, the petitioner got issued legal notice to the 4th respondent dated 21.10.2021 which was received by the 4th respondent on 22.10.2021.

In reply to the same, the 4th respondent vide endorsement dated 10.11.2021 informed that, in the subject land of the petitioner there is no allotment of any house under the welfare scheme to the third party.

But still, they are trying to interfere now on the ground that, it is required for public purpose without issuing any notice and without following any due procedure.

4.

On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that, the 4th respondent would follow the due procedure in respect of the subject land, if they are in possession as on today.

5. today.

5.

In view of the above said facts and circumstances, the 4th respondent is directed not to dispossess the petitioner from the subject land in an extent of Acres 0.50 cents in Survey No.197 of Ratakanna Village, Ichhapuram Mandal, 3 Srikakulam District if they are already in possession as on today except by following the due process of law.

However, it does not preclude for the respondent Nos.2 to 4 to recover/protect the subject land strictly in accordance with law.

6.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 20.04.2023 PGT