Padala Ganapathi Rao v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3684 OF 2017 ORDER:

The case of the petitioner is that he is an Ex-servicemen and retired in Indian Navy and settled in Thummapala Village, Anakapalli Mandal and that he is the absolute owner, possessor and enjoyer of the land to an extent of Ac.4.49 cents in different survey numbers of West Paravada Village, which is adjacent to the Thummapala Village. The aforesaid property is his ancestral property and in an oral partition among his brothers, he got an extent of Ac.2.29 cents of land in Survey No.154-1 out of total land in Ac.4.49 cents. The entire land is a single unit and he has been cultivating the said land personally.

The Revenue officials entered petitioner's name in the revenue records as pattadar and enjoyer of the total extent of land Ac.4.49 cents and issued pattadar pass books and title deeds in his favour. Petitioner raised cashew nut trees in the said land. While so, the respondent authorities, without following due process of law, are trying to interfere with the possession of the petitioner to an extent of land A.2.29 cents in Survey No.154-1 and 155 of Cheepurupalli (west) Village. Aggrieved by the same present writ petition is filed.

Heard learned counsel for the petitioner.

This Court granted interim order on 03.02.2017 in respect of land to an extent of Ac.2.29 cents in survey No.154/1 of West Chepurupalli Village only.

Learned Assistant Government Pleader for Revenue submits that petitioner has not filed any documents to show that he is in possession of the land in Survey No.155 and that the respondent authorities will follow due process of law in taking any action against the petitioner in respect of the land to an extent of Ac.2.29 cents in Survey No.154-1. In view of the aforesaid facts and circumstances, the writ petition is disposed of directing the respondent authorities to follow due process of law in respect of land to an extent of Ac.2.29 cents in Survey No.154-1, of West Cheepurupalli Village only. In respect of the land claimed by the petitioner in survey No.155 of Chepurupalli (West) Village, Paravada Mandal, no relief can be granted as the claim of the petitioner is not supported by any documents. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

___________________________ A.RAJASHEKER REDDY,J 17.02.2017 tk