Writ petition disposed of. Court directed respondents not to interfere with petitioner's peaceful possession of the land in question without following due process of law.
Direction issued to respondent authorities not to interfere with petitioner's peaceful possession over the land without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18085 OF 7n9A
Between:
G Vijaya, W/o G.Venkataramana, Aged about 33 years, Occ House wife. Resident of D No. 1-190, Bandlavanka Filer town and Mandal, Annamayya District.
...PETITIONER
...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated i in the affidavit filed therewith, the High Court may be pleased to issue Writ or Direction especially one in the nature of Writ of Mandamus declaring the action of the 4 respondent in trying to demolish the residential House belonging to the petitioner made in an extent of Ac.0.02 cents in Sy.No. 1121-5 situated in Doddipalli Village, Filer Mandal Annamayya District instead of Sy.Nos.1164, 1270/A1, 1271, 1272, 1169,’ 1173 and 1172, situated in Mudupulavemula Village, Filer Mandal, Annamayya District without following due process of law and without issuing any prior notice is illegal, arbitrary, highhanded and violation of Article 19, 21 and 300-A of Constitution of India and consequently direct the 4 respondent not to demolish the residential house made in an extent
of Ac.0.02 cents in Sy.No. 1121-5, situated in Doddipalli Village, Filer Mandal, Annamayya District. lA NO: 1 OF 2n9A
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 direct the 4*'" respondent not to demolish the residential house made in an extent of Ac.0.02 cents in Sy.No.1 121-5, situated i in Doddipalli Village, Filer Mandal, Annamayya District pending disposal of the Writ petition before this Honourable court. Counsel for the Petitioner :SRI. VUTUPALLI RAJANNA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER:
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.18085 of 2024
ORDER:
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the followingrelief:-
“...to issue Writ, or Direction especially one in thenatureofWrit of Mandamu declaring the action of the 4th respondent in trying to demolish the residential House belonging to the petitioner made in an extent of Ac. 0.02 cents in Sy. No. 1121-5:situatedin Doddipalli Village, Filer Mandal, Annamayya Districtinsteadof Sy.Nos.1164, 1270/A1, 1271, 1272, 1169, 1173 and 1172, situated in Mudupulavemula Village, Filer Mandal, Annamayya District without following due process of law and without issuing any prior notice is illegal, arbitrary, highhandedandviolationof Article 19, 21 and 300-A of Constitution of India and consequently direct the 4th respondent not to demolish the residential house made in an extent of Ac. 0.02 cents in Sy.No.1121-5, situated in Doddipalli Village, Filer Mandal, Annamayya District and pass "
- The present writ petition is filed challenging the action of the respondent-Tahsildar in trying to demolishthe » residential house belonging to the petitioner builtin an extent of Acs.0.02 cents in Sy.No.1121-5 situated in Doddipalli Village, Filer Mandal, Annamayya District without issuing anynoticeand without following due process of law.
- Heard learned counsel for the petitioner and learned
Government Pleader for Revenue.
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- Today, when the writ petition came up for hearing learned Government Pleader for Revenue has produced a copy of vyritten instructions of the Tahsildar, dated 14.08.2024vide t Roc.A/167/2024, .dated 14.08.2024 wherein it is admitted that the petitioner was already granted house site in Sy.No.1164vide plot No.75 of APIIC layout-2, Mudupulavemula Villagevidepatta NO.CTR02076356 under Pedalandariki illu scheme and the same was registered by the Government in the name ofthe petitioner herein. It is further stated that the tahsildar,Pilerand his staff have never visited the petitioner’s subject land and never tried to dispossess or demolish the structuresmadebythe petitioner previously.
- Accordingly, with the above direction, this writ petition is disposed of. There shall be no order astocosts.
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As a sequel, miscellaneous applications pending, if any.
shall also stand closed.
Sd/- N.NAGAMMA
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
HIGH COURT
; > \
DATED:14/08/2024
ORDER
WP.No.18085 of 2024
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Curreni c^iiun .
WRIT PETITION IS DISPOSED
1 issue framed by the court
Whether the Tahsildar could demolish the petitioner's house without following due process of law and prior notice?
2 provisions across 2 enactments
G Vijaya
State of AP
District Collector, Annamayya District
Revenue Divisional Officer, Rayachoty
Tahsildar, Filer Mandal
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
