M/S. Janachaitanya Housing Private Limited v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C.PRAVEEN KUMAR W.P. No. 34247 of 2018 ORDER:

The present writ petition came to be filed seeking issuance of a writ of mandamus, declaring the action of the 4th respondent in trying to dispossess the petitioner from an extent of Ac.1.60 cts., of land in Survey No.134/ 1B of Panasapadu village, Atchampeta Gram Panchayat, Samalkot, treating it as assigned land, as illegal, improper and incorrect.

2.

The petitioner-company herein claims to have purchased the subject land from the owners of the land through registered sale deeds in the year 2009 for a valuable consideration, and ever since the date of purchase, the petitioner-company claims to be in possession of the said land. It is stated that the petitionercompany also purchased nearby and surrounding lands of the subject land, and also obtained permission for conversion of the land from agricultural to non-agricultural purpose. Thereafter, they claim to have laid a layout of plots. The grievance of the petitioner-company is that the 4th respondent is trying to dispossess them without following due process of law, on the ground that the subject land is an assigned land.

3.

Government Pleader for Revenue, on instructions, would submit that the subject land is registered in the revenue records as

D-Form patta and shown in the prohibited list under Section 22(A) of the Registration Act. She would further submit that the petitioners are in possession of the subject land without having any proper right or title over the property. However, she states that any action taken would be only in accordance with law. 4.

Be that as it may, the writ petition is disposed of at the admission stage, directing the respondents not to interfere with the possession of the petitioner-company, if they are in possession of the subject land, except in accordance with law. As a sequel thereto, Miscellaneous Petitions, if any, pending in this writ petition, shall stand closed.

_________________________ JUSTICE C.PRAVEEN KUMAR 25.09.2018 DMG