Chodimella Vijaya Kumari Alias v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.409 OF 2017 ORDER:

The case of the petitioner is that she is the owner of the land admeasuring Ac.0.50 cents in R.S.No.299/2 and Ac.1.50 cents in R.S.No.308 in total of Ac.2.00 cents of Gopannapalem Village, Denduluru Mandal, West Godvari District. It is stated that land admeasuring Ac.0.50 cents in R.S.No.299/2 is a patta land which was originally owned by petitioner's mother and she was also issued pattadar pass book and title deed. After the death of the petitioner's mother, the petitioner inherited the said land. As far as the land admeasuring Ac.1.50 cents in R.S.No.308 is concerned, it is Government Poramboke which was occupied by the petitioner's father about 50 years ago and after his death, the petitioner inherited the same.

While so, the respondent authorities are trying to interfere with the possession of the petitioner without following due process of law. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Revenue submits that since the land admeasuring Ac.0.50 cents in R.S.No.299/2 is a patta land, the respondent authorities are not interfering with the same whereas the land admeasuring Ac.1.50 cents in R.S.No.308 is a Government Poramboke land, as such, the authorities will follow due process of law before evicting the petitioner. It is to be seen that the land admeasuring Ac.0-50 cents in R.S.No.299/2 is a patta land according to the petitioner and the same is not disputed by the learned Assistant Government Pleader for Revenue.

The petitioner also admits that the land admeasuring Ac.1-50 cents in R.S.No.308 is a Government land.

In view of the above facts and circumstances, the respondents are directed to follow due process of law before evicting the petitioner in respect of the land in R.S.No.308 to an extent of Ac.1-50 cents. With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed. There shall be no order as to costs. _______________________________ A.RAJASHEKER REDDY,J 18.01.2017 dv