Allowed

S Gangisetty, v. The State of Andhra Pradesh

Andhra Pradesh HC29 Jul 2024WP/1359/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed in 2021 concerning interference with possession of house sites by respondent authorities. Treating granted interim orders as final due to the lapse of time without filing counters, the court directed authorities to stop interfering with the petitioners' possession without due process of law.

What did the court decide?

Directed respondent authorities not to interfere with petitioners' possession and enjoyment of house sites at SyNos 83, 81, 83 without following due process of law.

S Gangisetty, Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2024)

¶1

APHC010018842021

¶2

[3332]

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

TUESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

¶6

PRESENT

¶7

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

¶8

WRIT PETITION NO: 1359/2021

¶9

Between:

¶10

S Gangisetty, and Others

¶11

...PETITIONER(S)

¶12

AND

¶13

The State Of Andhra Pradesh and Others

¶14

...RESPONDENT(S)

¶15

Counsel for the Petitioner(S):

¶16

1.T V JAGGI REDDY

¶17

Counsel for the Respondent(S):

¶18

1.GP FOR REVENUE

¶19

The Court made the following:

¶20

The short grievance of the petitioners is that the respondents are interfering with their possession and enjoyment of house site, to an extent of Ac.0.01^½ cents in Sy.No.83, extent of Ac.0.02 cents in Sy.No.81 and an extent of Ac. Ac.0.01^½ cents in Sy.No.83 of Kadiri, Ananthapur District, without issuing any notice.

¶21

¶22

Heard Sri T.V.Jaggi Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

¶23

The learned counsel for the petitioner submitted that the writ petition is of the year 2021, so far no counters are filed and hence prayed to dispose of the writ petition treating interim order as final order.

¶24

The record discloses that this Court granted interim orders on 19.01.2021. The same reads as follows:

¶25

“Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

¶26

The grievance of the petitioners in the present writ petition is that the respondents without following due process of law have resorted to demolish the constructions made by the petitioners.

¶27

Learned Assistant Government Pleader for Revenue submits that despite of issuance of notices, the petitioners have not responded and that the matter requires to be considered after filing counters.

¶28

However, in view of the specific averments made in this Writ Petition and perusing the material available on record, there shall be an interim direction as prayed for.”

¶29

This Writ Petition was filed in the year 2021 and interim orders were granted on 19.01.2021. Despite lapse of considerable time, the respondent authorities did not choose to file counter so far. As such, there is no purpose in keeping the writ petition pending.

¶30

¶31

In view of the above, this Court is inclined to dispose of this writ petition treating the interim orders as final orders.

¶32

Accordingly, the writ petition is disposed of, directing the respondent authorities not to interfere with petitioners’ possession and enjoyment of house site, to an extent of Ac.0.01^½ cents in Sy.No.83, an extent of Ac.0.02 cents in Sy.No.81 and to an extent of Ac.0.01^½ cents in Sy.No.83 of Kadiri, Ananthapur District without following due process of law. There shall be no order as to costs.

¶33

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

¶34

___________________________ JUSTICE RAVI CHEEMALAPATI

DSB

211

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

¶39

W.P.No.1359 OF 2021

Date: 30.07.2024

DSB

S Gangisetty, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S Gangisetty, 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

Jampani Siva Rama Krishna, Vs The State of Andhra Pradesh

Potru Venkata Ramana Vs The State of Andhra Pradesh

N Anand Rao Vs The State of Andhra Pradesh

Dasari Mahalakshmi Vs The State of Andhra Pradesh

Bonda Hari Vs The State of Andhra Pradesh

Gajula Venkata Ramana Vs The State of Andhra Pradesh