Kanaparthi Bharathi, Vs The State of Andhra Pradesh

“to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the respondents 3 and 4 herein in trying to dispossess the petitioner from the house site admeasuring being an extent of Ac.0.2½ Cents in Sy.No.28 situated at Ravulapalle Village, Khajipet Mandal, YSR Kadapa District as illegal, arbitrary and violation of principles of natural justice and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents no.3 and 4 not to interfere in the above said subject house site and pass such other order or orders...”

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Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents.

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Learned counsel for the petitioner submits that the petitioner herein

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is the absolute owner and possessor of the house site admeasuring to an extent of Ac.0.2½ cents in Sy.No.28 situated at Ravulapalle Village, Khajipet Mandal, YSR Kadapa District. Pursuant to her possession, respondent No.4 after conducting detailed enquiry issued possession certificate on 29.11.2008 in favour of the petitioner. While so, on 07.02.2025, respondent No. 4 visited and inspected the subject land of the petitioner and directed the petitioner to vacate the subject land. Pursuant to the same, the petitioner herein produced all the required

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documents to respondent Nos. 3 and 4 claiming her rights and title over the subject land and requested them not to evict her from the subject land. Without considering the said request, respondent Nos. 3 and 4 are threatening the petitioner to evict the subject land, without issuing any prior notice or without following due procedure as contemplated under the law and without assigning any reasons for such eviction/ dispossession. Such action of the respondents in interfering with the peaceful possession and enjoyment of the subject property of the petitioner without following the due procedure as contemplated under law is highly illegal, arbitrary and contrary to law. Hence, the writ petition.

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On the other hand, learned Government Pleader for Revenue appearing for the respondents placed on record the written instructions dated 24.02.2025 issued by respondent No.4, wherein, it is stated that the land admeasuring to an extent of Ac.4.19 cents situated in Sy.No.28 of Ravulapalli Village, Khazipet Mandal, YSR Kadapa District was noted as Village site as per the RSR and as per the web land adangal. It is further stated that the petitioner encroached the said land by placing the cow dung, haystacks and wooden sticks. The said land has been utilized and noted as Cart shed by Ravulapalli people from so many years. But now it’s been utilized for placing haystacks and cow dung by the petitioner which is illegal. As such, the petitioner was requested to submit

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documentary evidence for proving her title over the subject property, for which, the petitioner submitted fake documents.

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Learned Government Pleader appearing for the respondents further submits that if the respondents intend to interfere with the peaceful possession and enjoyment of the subject property of the petitioner, 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 property of the petitioner without following due process of law.

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