Pappu Aademma, W/o. Late Subba Reddy v. State of Andhra Pradesh
2021-10-28
BATTU DEVANAND
body2021
DigiLaw.ai
ORDER : Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj for Respondent Nos.1 and 2 and Sri V. Vinod K Reddy, learned Standing Counsel for 3rd respondent. Perused the record. 2) With the consent of respective counsel, this writ petition is disposed of at the stage admission. 3) It is the case of the petitioners that there is an extent of Ac.10-83 cents in Sy.No.405/2, classified as “Grama Natham” at Pathapadu Village, Chejarla Mandal, SPSR Nellore District. Out of the said land, the petitioners are in possession of 30 Ankanams since decades by enjoying the same as storing hayricks, firewood and as Buffalo Shed having fenced. In the year 2009 when the Government proposed to construct houses to needy persons, the then Tahsildar issued Possession Certificate for the house site vide No.178/2009 in the month of September, 2009 for an extent of 10 Ankanams. Out of said 30 Ankanams, the 2nd petitioner purchased an extent of 8 Ankanams from one Rapuri Sesha Reddy, resident of Pathapadu Village through sale agreement, dated 29.08.2011 for valid consideration. 4) While so, the 4th respondent at the instance of the Sarpanch of the Gram Panchayat threatened them on 25.10.2021 to dispossess from the said site of 30 Ankanams in Sy.No.405/2 without issuing any notice. Though the petitioners placed the documents before the 4th respondent, he did not heed their words and threatened to dispossess the petitioners. Under these circumstances, aggrieved by the action of the 4th respondent, the present writ petition is filed. 5) Sri V. Vinod K Reddy, learned Standing Counsel appearing for the 4th respondent, in instructions, submits that at present there is no such proposal or attempt by the 4th respondent to dispossess the petitioners from the subject land. In future if that land is required for any public purpose, the Gram Panchayat will proceed against the petitioners by following due process of law to evict them. 6) In view of the submission made by the learned Standing Counsel on instructions, in our view, no further adjudication of the matter on merits is required. By placing the submission made by the learned Standing Counsel on record, this writ petition can be disposed of to meet the interest of justice.
6) In view of the submission made by the learned Standing Counsel on instructions, in our view, no further adjudication of the matter on merits is required. By placing the submission made by the learned Standing Counsel on record, this writ petition can be disposed of to meet the interest of justice. 7) Accordingly, the writ petition is disposed of placing the submission of the learned Standing Counsel on record and the respondents are directed not to dispossess the petitioners from the subject land without following due process of law. 8) There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed.