Surla Yerrayyamma v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE P. NAVEEN RAO WRI T PETI TI ON No.30248 of 2017 Dated:11.09.2017 Between:

Surla Yerrayyamma, W/o. Late Chinnayya Naidu, Aged about years, Cultivation, R/o.

Cheedigummala Village, Golugonda Mandal, Visakhapatnam District.

...Petitioner

AND The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh and others.

.. Respondents The Court made the follow ing:

PNR,J WP_30248_2017 THE HON'BLE SRI JUSTI CE P.NAVEEN RAO WRI T PETI TI ON No.30248 of 2017 ORDER:

Shorn of details, the issue for consideration at this stage is eviction of petitioner from subject land. The Tahsildar, Golugonda, (R.4) on 18.07.2017 in exercise of powers under Section 4(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act'), held that the petitioner has acquired the assigned land in question in contravention of provisions of SubSections (1) and (2) of Section 3 of the Act 9 of 1977, and therefore, liable for eviction from the land. The Tahsildar directed the Mandal Revenue Inspector to take possession of the land after evicting the petitioner from the subject land. Aggrieved thereby, petitioner preferred appeal before the Revenue Divisional Officer, Narsipatnam (R.3). The said appeal is listed to be taken up on 23.09.2017.

2.

Learned counsel for the petitioner submits that the petitioner also filed an application to grant stay of the order of the Tahsildar and the stay application was also received by the office of the RDO. While so, in terms of the directions issued by the Tahsildar, the Revenue Inspector is taking steps to evict the petitioner from the subject land and in such a case, grave prejudice would be caused to the petitioner, compelling her to invoke the jurisdiction of this Court.

PNR,J WP_30248_2017 3.

Petitioner enclosed a copy of appeal preferred by her as Annexure-B2. If that is so, Writ Petition is disposed of without expressing any opinion on merits as under:

As the appellate authority has already received stay application along with appeal, it shall consider the stay application and pass appropriate orders on the claim of the petitioner for grant of stay of the orders passed by the Tahsildar and till stay application is considered and appropriate orders are passed in due compliance of the statutory requirements, petitioners shall not be dispossessed from the subject land. It is open to the petitioner to work out her remedies as available under law, if no favourable orders are passed by the Revenue Divisional Officer on her stay application. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________ JUSTI CE P.NAVEEN RAO Date:11.09.2017 INL