Meesala Prabhavathi Vs The State of Andhra Pradesh

Petition under Artic l e 226 of the Constitution of India pr a ying that in the circumstances stated in the affidavit filed therewith, the Hig h Court may be pleased to issue an app r opriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in threateni n g to dispossess the petitioners fr o m their lawful possession of house pl o ts bearing Nos. 751, 752 and 75 3 in Sy.No. 122

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situated at Kanaparthipadu village, Nellore Rural Mandal, SPSR Nellore District, without following the procedure contemplated under the Law, as being illegal, arbitrary and violative of Article 21 and 300-A of the Constitution of India and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law,

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IA NO: 1 OF 2018

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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 pass orders directing the respondent authorities not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioners in of house plots bearing Nos. 751, 752 and 753 in Sy. No. 122 situated at Kanaparthipadu Village, Nellore Rural Mandal, SPSR Nellore District, pending disposal of the main Writ Petition.

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Counsel for the Petitioner(S):

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1.M SUGUNA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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The Court made the following:

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 785 OF 2018

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ORDER:

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This Writ Petition is filed questioning the action of the Respondents in threatening to dispossess the Petitioners from their lawful possession of house plots bearing Nos. 751, 752 and 753 in Sy.No.122 situated at Kanaparthipadu Village, Nellore Rural Mandal, SPSR Nellore District as illegal and arbitrary.

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The case of the Petitioners is that originally M/s Vasudha Traders, Nellore, which is a partnership firm purchased the land to an extent of Ac.123.95 cents in Sy.No.118/1, 119/1, 120 part, 121/1, 121/2, 122, 409, 410 part, 118/3, 119/3, 405 part, 406, 407, 412 part and 413 part situated at Kanaparthipadu Village, Nellore Rural Mandal, SPSR Nellore District from its lawful owners. Later, said land was converted into house plots by way of an approved layout and sold the same to various prospective purchasers. The Petitioners herein also purchased the Plot Nos. 751, 752 and 753 in Sy.No.122 for valid sale consideration under separate registered Sale Deeds bearing Doc.No.1634/1995, dated 01.03.1995, Doc.No.1764/1995 and 1768 of 1995, dated 06.03.1995 respectively, since then they have been in possession and enjoyment of their respective plots.

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While the matter stood thus, the Respondents No.2 and 3 along with their staff came to the Petitioners plots on 02.01.2018 and threatened them to handover the possession of the land, or else, they would dispossess them by

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using official power within a week. Aggrieved by the same, the present Writ Petition came to be filed.

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When the Writ Petition came up for admission on 04.01.2018, this Court passed the interim order in I.A.No.1 of 2018 that “ since the plots in question have been purchased by the Petitioners under registered sale deeds, there shall be interim direction as prayed for ”.

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Heard learned counsel for the Petitioners and learned Assistant Government Pleader for Revenue for the Respondents.

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During hearing, learned counsel for the Petitioners would submit that in pursuance of the interim order granted by this Court, they were not dispossessed from their respective plots and the Petitioners have been in continuous physical possession and enjoyment since the date of their respective purchase of the plots.

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In view of the same, instead of going into merits of this case, this Court feels it appropriate to dispose of the Writ Petition by directing the Respondents not to interfere with the Petitioners possession and enjoyment over the subject plots without following due process of law, if they are in possession of the same as on today.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE V.SUJATHA

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Date: 16.06.2026

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KK

Meesala Prabhavathi v. The State of Andhra Pradesh

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Meesala Prabhavathi v. The State of Andhra Pradesh

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