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2025 Supreme(Online)(AP) 18185

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K Sreenivasa Reddy, J
Boya Rambabu – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 22613/2025



Advocates:
For the Appellants/Petitioners: Butta Vijaya Bhasker
For the Respondents: GP for Animal Husbandry, GP for Home, GP for Revenue

Government authorities must adhere to the due process of law when evicting occupants from government poramboke land, ensuring that dispossession is not arbitrary, especially when standing crops are involved.

Headnote:The petitioners, who are poor agriculturists, filed a writ petition under Art. 226 of the Constitution of India seeking a writ of mandamus to prevent their dispossession from government land in Sy.Nos. 298/1, 299, 300, and 301 in Banavasi Village. The petitioners claimed to have been cultivating the land for ten years and had standing crops. The court observed that the land is classified as government poramboke land and was notified under Section 22-A(1)(b) to prevent unauthorized transfer. The primary issue was whether the respondents could summarily evict the petitioners from the subject land. The court reasoned that while the land belongs to the government, the presence of standing crops and the duration of occupation necessitate that any eviction be carried out following the due process of law rather than through arbitrary action. Therefore, this Court directs the respondents-authorities to adhere to the procedure contemplated under law in case the subject land is required, for evicting the petitioners. Till then, the Order dated 22.08.2025 granted earlier, shall continue.

Table of Content
1. petitioners seek protection from arbitrary eviction from government land where they have established cultivation. (Para 1 , 2 , 3 , 4)
2. eviction from government poramboke land requires adherence to the due process of law. (Para 5 , 6 , 7)
3. disposal of the petition with a mandate to follow legal procedures for eviction. (Para 8)

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring action of the respondents more particularly the 3rd respondent in seeking to dispossess the petitioners from the land in Sy.No. 298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District, as illegal, arbitrary, unjust and violative of Art. 14 and , 21 of the Constitution of India and consequently DIRECT the respondents not to dispossess the petitioners from their respective extent of land in Sy.No. 298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District and pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to the DIRECT the respondents not to dispossess the petitioners from the land in Sy.No.298/1, 299, 300 and 301 to an extent of Ac. 0.50 cents each, situated at Banavasi Village, Yemmiganur Mandal, Kurnool District, pending disposal of above writ petition and pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the interim order dated 22.08.2022 passed in WP No 22613 of 2025 and dismiss the Writ Petition and pass

The Court made the following:

O R D E R

Heard the learned counsel for the petitioners and learned Assistant Government Pleader for Animal Husbandry representing respondent Nos.1 to 3, learned Government Pleader for Home representing respondent No.4 and learned Assistant Government Pleader for Revenue representing respondent No.5. Perused the entire material available on record. With the consent of learned counsel for both sides, this Writ Petition is disposed of, at admission stage.

2. This Writ Petition was filed seeking the following relief:

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly, 3rd respondent in seeking to dispossess the petitioners from the land in Sy.Nos.298/1, 299, 300 and 301 to an extent of Ac.0.50 cents each situated at Banavasi village, Yemmiganur Mandal, Kurnool District, as illegal, arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the respondents not to dispossess the petitioners from their respective extent of land in Sy.Nos.298/1, 299, 300 and 301 to an extent of Ac.0.50 cents situated at Banavasi village, Yemmiganur Mandal, Kurnool District and pass such other order or orders …’

3. Contents of the affidavit filed by 1st Writ Petitioner, in brief, are that all the petitioners are permanent residents of Banavasi village, Yemmiganur Mandal of Kurnool District and all belonged to socially and economically weaker community and they live by doing cultivation and agricultural coolie works; that the petitioners were in occupation of Ac.0.50 cents of land each in Sy.Nos.298/1, 299, 300 and 301 situated at Banavasi village, Yemmiganur Mandal of Kurnool District, belonged to the Government for the past ten years and at present, there is standing crop viz. custard, groundnut, paddy, cotton and vegetable crops in the said land, aged about 4 months and after four months the crop would be ready for harvest.

(b) Ea

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