Disposed

M. Ganga Bai v. The State of Andhra Pradesh

Andhra Pradesh HC11 Feb 2022WP/23394/2021

Case brief

AI extract

What is this about?

Grants interim relief maintaining status quo pending disposal of writ petition challenging arbitrary eviction order. Directs respondents to issue notice and act according to law before interfering with petitioner's possession of house site land.

What did the court decide?

Respondents directed to issue notice to petitioner and take appropriate action according to law before interfering with subject land.

M. Ganga Bai Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2022)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.23394 of 2021

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ORDER :

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This writ petition is filed ‘to declare the action of the 4^th respondent in directing the petitioner to evict from the Plot admeasuring 1056 sq.ft. in Kummarathopu, situated in Sy.No.935/3A of Tirupati village, Chittoor district, while the house site possession certificate is subsisting, as illegal and arbitrary’.

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Case of the petitioner is that, the Tahsildar, Tirupati has issued D- form house site possession certificate in respect to the subject extent vide proceedings dated 10.08.2017 and the petitioner constructed a small shed therein and has been residing with her family; she also obtained electricity connection; when the petitioner tried to construct a permanent house by demolishing the shed, the 4^th respondent visited the subject property on 28.09.2021 and directed her to vacate the same; when similar attempts were made by the 4^th respondent in the year 2019, the petitioner approached the 3^rd respondent for survey and the survey was conducted on 18.08.2020; if the respondents wants to evict the petitioner from the subject land, they need to follow the procedure contemplated under law; as the respondents are interfering with her possession without having any right, present writ petition is filed.

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When the writ petition came up for admission on 08.10.2021, this Court directed both the parties to maintain status quo obtaining as on that date and subsequently, the said interim order was extended on 12.11.2021 for a period of eight weeks and thereafter it was extended until further orders.

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No counter-affidavit is filed by the Fisheries Department or by the Revenue Department.

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As seen from the copy of the D-form patta, which is filed along with the writ petition, the subject land was granted to the petitioner towards house site. Admittedly, no notice is given to the petitioner by the 4^th respondent before asking the petitioner to vacate the subject land. As seen from the letter of the Tahsildar dated 18.08.2020, he visited the house of the petitioner and issued a certificate showing that the petitioner is in possession of the same.

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In view of the facts and circumstances, if the respondents want to interfere with the subject land of the petitioner, they are directed to issue notice to the petitioner and take appropriate action in accordance with law.

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The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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__________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 11.02.2022 BSS

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.23394 of 2021

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Date: 11.02.2022

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BSS

M. Ganga Bai v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M. Ganga Bai v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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