Disposed¶31

Bejapu Appala Swami v. the State of Andhra Pradesh

Andhra Pradesh HC16 Mar 2025WP/3970/2025

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; WP 3970/2025 decided 17.03.2025 by Justice Venkateswarlu Nimmagadda; D-Form patta protection; threatened dispossession without notice; attempted eviction dated 03.02.2025; possession certificate 16.02.2018; patta allotment 14.09.1960; due process of law; Article 226 mandamus; Board Standing Orders; Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District; Bejapu Appala Swami; State of Andhra Pradesh; writ disposed with non-interference direction subject to due process; no costs.

What did the court decide?

Writ petition disposed of with a direction to the respondents not to interfere with the petitioners' peaceful possession and enjoyment of the subject land without following due process of law; no order as to costs; pending miscellaneous petitions, if any, stand closed. ¶31

Bejapu Appala Swami Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

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APHC010069162025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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MONDAY ,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 3970/2025

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Between:

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Bejapu Appala Swami and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.N RAVI PRASAD

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3970/2025

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ORDER:-

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This writ petition is filed under Article 226 of the Constitution of the India

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seeking the following relief:-

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“ to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in threatening to dispossess the petitioner from his respective D Form Patta lands covering Sy.No.36-1 (Ac.3.62 cents), Sy.No.41-1 (Ac.0.67 cents) and Sy.No.41-2 (Ac.0.26 cents) total extent Ac.4.55 cents, Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District as illegal, arbitrary and contrary to Board Standing Orders and consequently direct the Respondent Nos.3 and 4 not to interfere with the Petitioners peaceful possession and enjoyment of the land in Sy.No.36-1 (Ac.3.62 cents), Sy.No.411 (Ac.0.67 cents) and Sy.No.41-2 (Ac.0.26 cents) total extent Ac.4.55 cents, Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District without following due process of law and to pass such other order or orders…”

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Heard learned counsel for the petitioners and learned Government

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Pleader for Revenue for the respondents.

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Learned counsel for the petitioners submits that the father of petitioner No.1 was allotted D-Form patta on 14.09.1960 for the lands admeasuring to an extent of Ac.3.62 cents in Sy.No.36-1, Ac.0.67 cents in Sy.No.41-1 and Ac.0.26 cents in Sy.No.41-2, totaling to an extent of Ac.4.55 cents situated at Kothavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District. Since then, the father of petitioner No.1 has been in peaceful possession and enjoyment of the subject land. Later, after demise of father of petitioner No.1, the petitioners herein, who are the legal heirs have been in peaceful possession and enjoyment of the subject lands without there being any

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interference or hindrance from any quarter. In view of their long standing possession in the subject land, respondent No.4 issued a possession certificate on 16.02.2018 in their favour. Despite their long standing possession, now the respondents are trying to evict the petitioners from the subject land without issuing any notice and without following due procedure as contemplated under the law. While so, on 03.02.2025, respondent authorities, visited and inspected the petitioners’ land and attempted forcibly to evict them from the subject land without issuing any notice and without assigning any reasons for such eviction. Aggrieved by the action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioners, the petitioners herein filed the present writ petition.

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On the other hand, learned Government Pleader for Revenue appearing for the respondents submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the subject land of the petitioners, the respondents would follow due process of law.

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Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and on perusal of the material placed on record, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to interfere with the peaceful possession and enjoyment of the subject land of the petitioners, without following due process of law, if the petitioners are in peaceful possession and enjoyment of the subject land.

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