Kakara Arjuna v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:26.04.2018 Between:

Kakara Arjuna, S/o. Late Veresu, Aged about 65 years, S.C.Colony, Konamasivanipalem (Village), Devada (post), Lakkavarapu Kota (Mandal), Vizianagaram (District) and others.

... Petitioners And State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Velagapudi, Guntur (District) and others. ... Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioners claim that they are in possession of Government Land. The further claim of the petitioners that petitioner Nos.1 and 2 purchased, vide registered sale deed, Acres 0.15 cents of land long back and other petitioners have unregistered sale deeds. Though petitioners sought to contend that it is a private patta land and they are in possession and enjoyment of the same, learned counsel for the petitioners fairly submit that it is Government land, but they are in occupation and possession of the same. 2.

Learned Assistant Government Pleader would submit that it is a Government Land. He would also point out that there are no essential details in their representation dated 09.04.2018 to show in which area of the land they are in occupation.

3.

In the affidavit filed in support of the writ petition, petitioners claim that they are in possession of land in Survey No.168/8. They also admitted that in the registered sale deed of the property purchased by petitioners 1 and 2, survey number was mentioned as 174/4, though it is actually survey No.168/8.

4.

Except filing of sale deed and representation stated to have been made on 09.04.2018, no other material is placed on record to show that petitioners are in possession and enjoyment for a long time and they cannot be dispossessed without following due process and the land should be permanently given to them. Thus, in the absence of details, no relief as sought for can be granted.

5.

Leaving it open to the petitioners to work out their remedies by filing appropriate application with all the details to the District Collector, if at all they are in possession and enjoyment of the subject land, the writ petition is dismissed. 6.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

___________________ P.NAVEEN RAO, J 26.04.2018 SS

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 26th APRIL, 2018 SS