Libertatem Magazine

Andhra Pradesh High Court Direct State To Follow Due Procedure While Dispossessing Petitioner From Property in Question

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A single-judge bench consisting of Honorable Justice Ninala Jayasurya gave orders on the writ petition no. 4835 of 2021 in Bommali Bala ram v. State of Andhra Pradesh. The Petitioner in this writ petition challenged the actions of the Respondents. He claimed that the Respondents tried to dispossess him from his property without issuing any notice and following the due procedure required under law. 


In this case, the Petitioner claimed that he had purchased the land by the way of registered village Grama Kraya Cheeti on 04.03.2014 from Kasimkota Simchalam. He and his brother together had bought the land for consideration. According to the Petitioner, the land was situated in survey no. 190 and the vendor of the property had a long-standing possession and enjoyment of the subject property. The Petitioner further claimed that after purchasing the land he laid a tin-sheet shed for cattle and obtained service connection from the electricity department. After having spent a considerable amount of money in improving the property,  the Petitioner approached the court stating inter alia that the Respondents were trying to dispossess him from the subject matter property without issuing any notice or following the due procedure as established under law. The Petitioner filed the present writ petition in order to challenge the actions of the Respondents. 

Arguments Advanced 

The learned counsel for the Petitioner submitted before the court that the Respondents had failed to follow the due procedure established under the law and were trying to harass the Petitioner by removing him from the subject matter land. He further adds that no notice had been issued by the Respondents to the Petitioner for removing him from the said property. 

The learned assistant government pleader submitted before the court that on the basis of the instructions received by him, the land in question is Konda Poramboke and that no Patta was granted to anyone. He further challenged the possession of the Petitioner in respect of the subject matter land. 

Court’s Judgment

The Court after considering the submissions made by the learned counsel for the Petitioner and the learned assistant Government pleader for the Respondents and by pursuing the Adangal dated 01.01.2021 which refers to D-Patta under column no. 15. The Respondents were directed not to dispossess the Petitioner from the subject matter property without following due procedure as contemplated under law. With the above directions, the petition was disposed of with no order as to costs.

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