G. Ramanamma v. State Of A.P., Rep. Prl. Secy, Rev. Dept

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:25.04.2018 Between:

Smt. Gorla Ramanamma, W/o. Chenchaiah, Aged 55 years, Occ: Agriculture, R/o. Palemkota Village, Venkatagiri Mandal, SPSR Nellore District.

... Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amavaravathi, Velagapudi, Krishna District, A.P. and others ... Respondents The Court made the following:

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

This Writ Petition is filed to declare the action of the 4th respondent - Tahsildar in trying to dispossess the petitioner from her land in an extent of Ac. 1.50 cents situated at Survey No. 1-1 of Papamma Cheruvu Kandriga Fields, Palemkota Village, Venkatagiri Mandal, SPSR Nellore District, without following due process of law, as illegal and arbitrary.

2.

The petitioner claims ownership over the land by way of 'Eksal Lease orders' issued in 1999. It is the case of the petitioner that thereafter, she had dug the bore-well, obtained power connection and cultivating the said land by raising various crops. Now, the 4th respondent Tahsildar has been pressurizing the petitioner to vacate the subject land, is the main complaint in this Writ Petition.

3.

Heard learned counsel for the petitioner as well as learned Government Pleader for Revenue (Andhra Pradesh). 4.

A fair reading of the averments filed in support of the writ petition discloses that as of now, the petitioner is in possession and enjoyment of the subject land under 'Eksal lease order'. Though there is no renewal of the said lease, from time to time, the fact, however, remains that the petitioner is in possession and enjoyment of the said land, as is affirmed by the respondent authorities. Though the petitioner has been in possession, that too

under 'Eksal lease order', the same does not enure to her benefit for grant of patta in her favour.

5.

However, it is directed that if the case of the petitioner falls in any of the schemes, pursuant to the policy decision, taken by the government, the same may be considered, in accordance with law, for grant of patta over the subject land, which is in her occupation or in respect of any other land, subject to her eligibility. 6.

With the above direction, the Writ Petition is disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

___________________ P.NAVEEN RAO, J 25.04.2018 SS

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 25th APRIL, 2018 SS