Dismissed

Shaik Chand Basha, v. The State of Andhra Pradesh

Andhra Pradesh HC13 Sept 2023WP/11639/2020

Case brief

AI extract

What is this about?

Writ petition filed challenging the proposed allocation of house sites from petitioners' land for a welfare scheme. Petitioners established possession of the land. Court disposed of the writ directing respondents not to interfere with petitioners' possession without due process.

What did the court decide?

The Court directed the respondents not to interfere with the possession of the petitioners without following due process.

Shaik Chand Basha, Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

¶2

WEDNESDAY, THE THIRTEENTH DAY OF SEPTEMBER i TWO THOUSAND AND TWENTY THREE

¶3

%: =^ _
` t'

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

¶6

WRIT PETITION NO: 11639 OF 2020

¶7

Between:

¶8

Shaik Chand Basha, S/o. Vali Sab, Age 54 Address Plot No. 84, Parlapalli Village, Yemmiganur Mandal, Kurnool District.

¶9

Smt. S. Kubura Bee, W/o. Vali Sab, Age 64 Address Plot No. 85, Parlapalli Village, Yemmiganur Mandal, Kurnool District.

¶10

...PETITIONERS

¶11

AND

¶12

The State of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Rep. by its Secretary.

¶13

The District Collector, Address Kurnool, Kurnool District.

¶14

The Revenue Divisional Officer, Address Yemmiganur, Kurnool District.

¶15

The Tahsildar, Address Yemmiganur, Kurnool District.

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in proposing to issue house site pattas in the land of house sites of petitioners in Sy.No. 206, 216 and 217 to an extent of 1 1/2 cents each situated at Parlapalli Village Yemmiganur Mandal, Kurnool District with plot bearing Nos. 84 and 85, to the proposed beneficiaries under Navartnalu - Pedalandariki Illu Programme, as illegal, arbitrary, unjust, unwarranted, violative of principles of natural justice and also violative of Article 14 and 21 of the Constitution of India and consequently Direct the respondents not to issue house sites in the land of house sites of petitioners in Sy.No. 206, 216 and 217 to an extent of 1 1/2 cents each situated at Parlapalli Village Yemmiganur Mandal, Kurnool District with plot bearing Nos. 84 and 85, to the proposed beneficiaries under Navartnalu - Pedalandariki Illu Programme.

¶18

IA NO: 1 OF 2020

¶19

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to dispossess the petitioners from their respective house sites bearing Plot Nos. 84 & 85 in Sy.No. 206, 216 & 217 to an extent of 1

¶20

'/2 cents each situated at Parlapalli Village Yemmiganur Mandal, Kurnool District, pending disposal of above W.P.

¶21

IA NO: 2 OF 2020

¶22

Between:

¶23

The State of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Rep. by its Secretary.

¶24

The District Collector, Address Kurnool, Kurnool District.

¶25

The Revenue Divisional Officer, Address Yemmiganur, Kurnool District.

¶26

The Tahsildar, Address Yemmiganur, Kurnool District.

¶27

...PETITIONERS/RESPONDENTS 1 to 4

¶28

¶29

Shaik Chand Basha, S/o. Vali Sab, Age 54 Address Plot No. 84, Parlapalli Village, Yemmiganur Mandal, Kurnool District.

¶30

Smt. S. Kubura Bee, W/o. Vali Sab, Age 64 Address Plot No. 85, Parlapalli Village, Yemmiganur Mandal, Kurnool District.

¶31

...RESPONDENTS/PETITIONERS

¶32

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt.17.07.2020 passed in W.P.No. 11639 of 2020.

¶33

Counsel for the Petitioner: SRI BUTTA VIJAYA BHASKER

¶34

Counsel for the Respondents: GP FOR REVENUE

¶35

The Court made the following: ORDER

¶36

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

¶37

WRIT PETITION No.11639 OF 2020

¶38

Between:

¶39

Shaik Chand Basha, S / o Vali Sab, Aged about 54 years, Plot No.84, Parlapalli Village, Yemmiganur Mandal, Kurnool District and one other.

¶40

Petitioners

¶41

Versus

¶42

The State of Andhra Pradesh, Revenue Department, Secretariat, Amaravati, represented by its Principal Secretary and three others.

¶43

Respondents

¶44

Counsel for the petitioners : Sri B.Vijaya Bhasker Counsel for respondent Nos.1 to 4 : GP for Revenue

¶45

ORDER

¶46

The present writ petition is filed under Article 226 of the

¶47

Constitution of India seeking the following relief:

¶48

"...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 Mandamus, declaring the action of respondents in proposing to issue house sites in the land of house sites of petitioners Sy.No.206, 216 & 217 to an extent of 1 1/ 2 cents each situated at Parlapalli Village, Yemmiganur Mandal, Kurnool District with plot bearing Nos.84 & 85, to the proposed beneficiaries under

¶49

Page 2 of 6

¶50

SRS, J W.P.No.11639 of 2020

¶51

"Navaratnalu - Pedalandariki Illu" Programme, as illegal, arbitrary, unjust, unwarranted, violative of principles of natural justice and also violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents not to issue house sites in the land of house sites of petitioners in Sy.No.206, 216 & 217 to an extent of 1 1/ 2 cents each situated at Parlapalli Village, Yemmiganur Mandal, Kurnool District with plot bearing Nos.84 & 85, to the proposed beneficiaries under "Navaratnalu - Pedalandariki Illu" Programme and pass such other order or orders..."

¶52

Averments in affidavit, in brief, are that the petitioners are permanent residents of Parlapalli Village, Yemmiganur Mandal, Kurnool District. The then Tahsildar, Yemmiganur Mandal issued house site pattas in favour of petitioners for an extent of A.0.01 1/ 2 cents each in Sy.Nos.206, 216 & 217, with specific boundaries, dated 30.12.2006. Petitioners constructed huts. Later, Petitioner No.2 constructed a pucca house in Ac.0.01 cent and kept 1/ 2 cent for cattle purpose. Petitioner No.2 also obtained electricity connection vide service No.8132424000887. Petitioner No.1 started constructing house by removing but and it is under construction. The house sites were allotted to the petitioners under Board of Standing Orders 15(18). Respondent Nos.3 and 4 :,are interfering with the possession of the petitioners and hence, the petitioners filed the above writ petition.

¶53

Page 3 of 6

¶54

SRS, J W.P.No.11639 of 2020

¶55

Counter affidavit was filed on behalf of respondent No.4. It was contended inter-alia, that the Government acquired private patta lands in Parlapalli Village, in the year 1988. Later house sites were distributed to 249 beneficiaries @ Ac.0.03 cents each. An extent of Ac.0.03 cents in Plot No.84 was occupied by one Golla Purushotham, son of Golla Muneppa and constructed a pucca house. Plots bearing No.84, 85 and 86 were allotted to one Vadde Venkanna, one Uppara Bajari, son of Uppara Thippanna and one Uppara Hanumanthu, son of Uppara Thippanna. The beneficiaries did not occupy the house sites allotted to them. The then Tahsildar, Yemmiganur Mandal issued possession certificate for an extent of AC.0.01 1/ 2 cent in plot No.85 in favour of petitioner No.2. Petitioner No.2 constructed a pucca house in the site given to her. The remaining extent of AC.0.01 1/ 2 cent is still vacant. Petitioner No. l entered plot No.86 and started construction of house in an extent of Ac.0.01 1/ 2 cent, without having possession certificate or permission from the competent revenue authority, which is under construction. -

¶56

Page 4 of 6

¶57

SRS, J W.P.No.11639 of 2020

¶58

(a) The then Tahsildar, Yemmiganur Mandal, identified 60 vacant plots which are lying in the acquired area. An extent of Ac.0.01 1/ 2 cent in Plot No.85 is also identified to provide house site to the eligible beneficiaries. Similarly, plot No.86, half portion was already occupied by petitioner No.l and constructing house, in progress, the other half is identified. Petitioner No.2 was issued possession certificate in respect of plot No.85. However, petitioner No.l is making construction in plot No.86. Eventually, prayed to dismiss the writ petition.

¶59

Heard Sri B.Vijaya Bhasker, learned counsel for the petitioners and learned Government Pleader for Revenue appearing for respondent Nos. l to 4.

¶60

As seen from the averments in the affidavit and counter affidavit, petitioner No.2 constructed a pucca house in Ac.0.01 1/ 2 cents in Plot No.85. In order to prove the same, petitioner No.2 filed possession certificate issued in her favour for an extent of Ac.0.01 1/ 2 cent in plot No.84, along with writ affidavit. Thus, there is no dispute regarding the possession of petitioner No.2 t in plot No.84 in respect of Ac.0.01 1/ 2 cents. In respect of petitioner No.l, it was alleged that he is making construction in

¶61

Page 5 of 6

¶62

SRS,1 W.P.No.11639 of 2020

¶63

plot No.86 in an extent of AC.0.01^1/2 cents. Thus,^thereisno dispute regarding the possession of the petitioners^over an extent of Ac.0.01 1/ 2 cents each.

¶64

Since, there is no dispute regarding possession of petitioners over Ac.0.01 1/ 2 cents each as indicated supra, the Writ Petition is disposed of, directing the respondents not^to interfere with the possession of the petitioners, without^following due process. There shall be no order as to costs.

¶65

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

¶66

stand dismissed.

¶67

Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR

¶68

//TRUE COPY//

¶69

SECTION OFFICER

¶70

The Prl. Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Amaravathi, Guntur District.

¶71

The District Collector, Address Kurnool, Kurnool District.

¶72

The Revenue Divisional Officer, Address Yemmiganur, Kurnool District.

¶73

The Tahsildar, Address Yemmiganur, Kurnool District.

¶74

One CC to Sri Butts Vijaya Bhasker, Advocate [OPUC]

¶75

Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

¶76

Three C.D. Copies

Cnr

HIGH COURT

DATED:13/09/2023

ORDER

WP.No.11639 of 2020

DISPOSING OF THE W.P. WITHOUT COSTS

¶83

-ç OF ANDfl
OJ~
= 1 0 N0V 2023 ~m
ti * Current Section * '/
OESPATC%.t0„

Shaik Chand Basha, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Shaik Chand Basha, 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

Parties & counsel

Coram

Case details

Similar cases

Gejja Nagaiah Vs the State of Ap

Mane Eranna, Vs State of Andhra Pradesh

Boya Chenna Keshavulu, Vs The State of Andhra Pradesh

Gudala Amara, Vs State of Andhra Pradesh

Harijana Subbamma Vs The State of Andhra Pradesh

Yerrakula Venkata Rathnam, Vs The State of Andhra Pradesh