Disposed

Smt. Rathnamma, v. The Government of Andhra Pradesh, Rep. by its Principle

Andhra Pradesh HC22 Dec 2021WP/674/2014

Case brief

AI extract

What is this about?

This order in Writ Petition No.674 of 2014 disposed of a plea by a petitioner challenging non-disposal of a representation against unlawful eviction. The court directed the 3rd respondent to follow due legal procedure, issue notice, and provide an opportunity before interfering with the petitioner's possession of the land.

What did the court decide?

Direction to the 3rd respondent to follow due legal procedure, give notice, and provide opportunity before interfering with the petitioner's possession.

Smt. Rathnamma, Vs The Government of Andhra… — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION No.674 of 2014

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ORDER :

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This Writ Petition is filed questioning the action of the 2^nd respondent in not disposing the representation dated 28.12.2013 submitted against the unofficial respondent as illegal, arbitrary and a consequential direction is sought not to interfere with the peaceful possession and enjoyment of the petitioner’s property situated in Sy.No.56/6 admeasuring an extent of Ac.2.06 cents situated at Biapuredlapalle Village, Ramakuppam Mandal, Chittoor District.

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The case of the petitioner is that D-Form patta was granted in favour of the grandfather of the petitioners husband by name Chinnappa; after the death of the said Chinnappa, the petitioners husband Venkataramanappa came into the possession of the subject land; subsequently, the petitioner’s name was entered in the revenue records and she was put in possession of the same; Pattadar passbooks and title deeds were also issued in her favour; the unofficial respondents herein are claiming the subject property alleging that they purchased the property from the said Chinnappa; on their intimation, on 27.12.2013 at about 9.00 AM, the 3^rd respondent came to the subject property and tried to evict the petitioner from the subject property; the patta granted in favour of the grandfather of the petitioner’s husband was not cancelled; hence, the petitioner filed a petition before the 2^nd

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respondent on 28.12.2013; but no action was taken by the 2^nd respondent on the said petition; about 500 Eucalyptus Trees, 60 Mango Trees and other Fruit bearing trees are existing in the subject land; if the petitioner is dispossessed from the subject property without following due process of law, she will be put to irreparable loss and injury; hence, the Writ Petition.

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When the Writ Petition came up for admission on 09.01.2014, an interim direction was passed directing the respondents not to dispossess the petitioner except in accordance with law for a period of four(4) weeks.

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On 16.06.2014, the said interim direction was extended for a further time of one(1) week; thereafter, the said interim direction was not extended.

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Sri P.V.Ravindra Kumar, learned counsel appears on behalf of Respondent Nos.4,5,6 and 7 and none appears for the other respondents.

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A copy of the passbooks filed along with this Writ Petition shows Patta No.421 for the subject extent in the said Survey Number; even the 1-B namuna, dated 27.06.2013 shows the name of the petitioner as pattadar for the subject extent.

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In view of the facts and circumstances of the case, if the 3^rd respondent intend to interfere with the possession of the subject property, he is directed to follow the procedure contemplated under law, after giving notice and opportunity to the petitioner herein.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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__ ________________________________ KONGARA VIJAYA LAKSHMI, J Date: 22.12.2021 TM

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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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WRIT PETITION NO.674 OF 2014

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Date: 22.12.2021

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Smt. Rathnamma, v. The Government of Andhra Pradesh, Rep. by its Principle

Case brief

What is this about?

What did the court decide?

Smt. Rathnamma, v. The Government of Andhra Pradesh, Rep. by its Principle

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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