Allowed

Boya Chenna Keshavulu, v. The State of Andhra Pradesh

Andhra Pradesh HC12 Sept 2023WP/6828/2020

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the revenue authorities' attempt to dispossess him of land without prior notice or opportunity of hearing. Relying on the presumption under Section 6 of the AP Rights in Land Act, 1971, the Court held that due procedure must be followed before dispossession and directed the respondents accordingly.

What did the court decide?

Directing the respondents not to dispossess the petitioner from the subject land without following the due process of law.

Boya Chenna Keshavulu, Vs The State of Andhra… — Landlord and Tenant | Andhra Pradesh HC (2023)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

¶2

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

¶3

WRIT PETITION No.6828 of 2020

¶4

Boya Chenna Keshavulu, S/o Boya Bazari, Aged about 45 years, Occ: Agriculture, R/o Singapuram Village, Velamakur Post, Devanakonda Mandal, Kurnool District.

¶5

… Petitioner

¶6

Versus

¶7

The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravati, Guntur District and three (3) others.

¶8

… Respondents

¶9

Counsels for the petitioners : Sri K.Srinivas

¶10

Counsel for respondents : GP for Revenue

¶11

: ORDER :

¶12

The writ petition is filed, under Article 226 of the

¶13

constitution of India, seeking the following relief:

¶14

“...to issue a Writ, Order or direction more particularly one in the nature of a Writ of mandamus declaring the action of the 3^rd and 4^th respondents in threatening to dispossess the petitioner from his peaceful possession and enjoyment of the land to an extent of Ac.0.20 cents in Sy.No.357 of Velamakuru revenue Village,

¶15

Page 2 of 6

¶16

SRS, J W.P.No.6828/2020

¶17

Devanakonda Mandal, Kurnool District without issuing prior notice or opportunity is illegal, arbitrary and contrary to the procedure contemplated under law and consequently direct the respondents 3 and 4 not to dispossess the petitioner from his peaceful possession and enjoyment of the land to an extent of Ac.0.20 cents in Sy.No.357 of Velamakur Revenue Village, Devanakonda Mondal, Kurnool District and to pass such other order or orders...”

¶18

The grievance of petitioner is that the respondents 3 and 4 are trying to dispossess the petitioners from an extent of Ac.0.20 cents in Sy.No.357 of Velamakuru Village, Devanakonda Mandal, Kurnool District, without following the procedure.

¶19

(a) In the affidavit, it was contended that the Tahsildar, Devanakonda Mandal assigned D-form Patta to the petitioner of an extent of Ac.3.00 cents in Sy.No.333, Ac.1.00 cents in Sy.No.357, Ac.0.20 cents in Sy.No.357 vide R.Dis.No.34/DAR/1422, dated 30.05.2012. Petitioner has been in possession and enjoyment of the said property and Records of Rights were updated. Revenue authorities also recorded the name of the petitioner in Adangal.

¶20

Page 3 of 6

¶21

SRS, J W.P.No.6828/2020

¶22

(b) On 06.03.2020 the officials of the respondents 3 and

¶23

4 came to the petitioner’s land, threatened and tried to evict him from Ac.0.20 cents in Sy.No.357 of Velamakur Village without giving any notice. Hence, petitioner filed the above writ petition.

¶24

Counter-affidavit was filed by the 4^th respondent. It was contended inter alia that Ac.16.90 cents in Sy.No.357 is the Dotted land and Uncultivable Waste. The D-form patta submitted by the petitioner is compared with other files and it is found that the signature of the Tahsildar is not matching. The land in Sy.No.357 is rocky area and unfit for cultivation. The Mandal Revenue Inspector and Mandal Deputy Surveyor personally visited the land of Ac.0.20 cents in Sy.No.357. Petitioner has been utilizing the land for cattle shed and for storage of fodder and thus, prayed to dismiss the writ petition.

¶25

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 4.

¶26

Page 4 of 6

¶27

SRS, J W.P.No.6828/2020

¶28

As seen from Ex.P.1 filed along with the writ petition, D-form patta was granted in favour of the petitioner in respect of Ac.3.00 cents in Sy.No.333; Ac.1.00 cents in Sy.No.336 and Ac.0.20 cents in Sy.No.357 of Velamakuru Village. Record of Rights was updated. As per Adangal / Pahani dated 18.01.2020, the name of the petitioner is shown in respect of Ac.0.20 cents with Khata No.1069. However, the 4^th respondent is disputing the very issuance of Patta in favour of the petitioner.

¶29

As seen from the Adangal filed along with the writ petition, Khata No.1069 was assigned to the petitioner in respect of Ac.0.20 cents. In view of the presumption under Section 6 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, this Court is of the opinion that the petitioner was granted Patta and he is in possession of the subject property. Petitioner cannot be dispossessed from the subject land without following due procedure. The respondent authorities are directed not to dispossess the petitioner without following due process of law.

¶30

Page 5 of 6

¶31

SRS, J W.P.No.6828/2020

¶32

With the above direction, the Writ Petition is disposed of. No order as to costs.

¶33

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

¶34

________________________________ JUSTICE SUBBA REDDY SATTI

¶35

Date: 12.09.2023 KA

¶36

Page 6 of 6

¶37

SRS, J W.P.No.6828/2020

¶38

124

¶39

THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

¶40

WRIT PETITION No.6828 OF 2020

¶41

Date: 12.09.2023 KA

Boya Chenna Keshavulu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Boya Chenna Keshavulu, 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

Parties & counsel

Coram

Case details

Similar cases

Janjanam Venkateswara Rao Vs the Assistant Commissioner

Devishetti Krishnaperumallu Vs the State of Andhra Pradesh

Sri.Namburi Sri Rama Chandra Raju Vs the State of Andhra Pradesh

Gejja Nagaiah Vs the State of Ap

Mane Eranna, Vs State of Andhra Pradesh

Shaik Basha, Vs The State of Andhra Pradesh