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2024 DIGILAW 1380 (AP)

Vangepuram Jeevaratnam @ Gurviaha, S/o Late Benny v. State of Andra Pradesh, Represented By Its Special Chief Secretary For Revenue

2024-09-27

GANNAMANENI RAMAKRISHNA PRASAD

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ORDER : Gannamaneni Ramakrishna Prasad, J. Heard Sri G.V.S. Kishore Kumar, Learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue appearing for the Respondent Nos.1 to 3. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Proceedings of the M.R.O., dated 06.10.1989(Ex.P1), indicating that the Writ Petitioner was permitted to cultivate the land for a period of one year in an extent of Ac.2-50 cents in Sy.No.52-1 (Yadvalli Village) for the purpose of agricultural activity. Learned Counsel for Writ Petitioner submits that though the Proceeding was for a period of one year, the Writ Petitioner continued with the agricultural activity. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the photographs indicating hectic farming activity including establishment of bore well, etc. 3. Learned Assistant Government Pleader has submitted Written Instructions furnished by the Tashildar of Kanigiri, dated 27.09.2024. Copy of it is furnished to the learned Counsel for the Writ Petitioner and the same is taken on record. The Written Instructions would indicate that the Official Respondents would follow the due process of law if they intend to evict the Writ Petitioner. 4. Having regard to these facts, the relevant portion of the Written Instructions is extracted hereunder: “The appellant here in has further assigned lands measuring an extent of Ac. 1.84 cents in Yadavalli Village vide katha number 462, which indicates he is not landless poor at all. As the encroached land is "Vagu Poramboke", action will be taken as per Andhra Pradesh Land Encroachment Act, 1905 by following due process of law.” 5. The above extract would indicate that the Writ Petitioner was assigned with land admeasuring an extent of Ac.1.84 cents in Yadavalli Village vide Khatha No.462, which indicates that the Respondent would take recourse to due process of law. 6. Having regard to the above facts and circumstances of the case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, with a direction to the Official Respondents to follow the due process of law in the event the Writ Petitioner is to be evicted from the land. 6. Having regard to the above facts and circumstances of the case, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, with a direction to the Official Respondents to follow the due process of law in the event the Writ Petitioner is to be evicted from the land. In these circumstances, if the Official Respondents were to take such measures, they shall take into consideration the standing crop in the light of agricultural activity and the standing crop. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order.