CHANDRALA RAMA KUMARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India is filed to declare the action of the respondents in allotting land of an extent of Ac.1-77 guntas in R.S.No.83/6 of Chandrala Village, Mailaram Mandal, Krishna District to landless poor under the scheme "Navaratnalu Pedalandariki Illu", even when an appeal under Andhra Pradesh Assigned Land Prohibition of Transfers Act, 1977, is pending, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

(2.) The petitioner is claiming to be in possession and enjoyment of land of an extent of Ac.1-77 guntas in R.S.No.83/6 of Chandrala Village, Mailaram Mandal, Krishna District, since longtime and the same was assigned to this petitioner granting D-Form Patta and the same was resumed by the resumption order in Rc.A/174/2019 dated 27.11.2019. Questioning the same, the petitioner preferred an Appeal No.E3/1704/2020. However, the respondents were all set to dispossess this petitioner from the land even before adjudication of the appeal. Thereupon, the petitioner filed W.P.No.11312 of 2020 whereupon this Court vide order dated 10.07.2020 restrained them from dispossessing the petitioner from the above land, pending disposal of the appeal.

(3.) While so, notwithstanding direction issued by this Court not to dispossess the petitioner from the above said land during pendency of the appeal, the respondents in utter disregard of the above direction conducted big function with huge hoarding of Hon'ble Chief Minister and formally declared allotment of plots in the above said land without actually handing over possession. The petitioner apprehends that the respondents may dispossess this petitioner permanently even before the appeal is adjudicated by the competent authority, though the right to appeal is statutory right.