Telangana High Court
WP/24791/2004 of Smt.Panem Sammakka Vs The Mandal Revnue Officer on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24791 of 2004 Between: 1 Smt.Panem Sammakka W/o Late Sriramulu Pedda Gollagudem Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24791 of 2004
Between:
1 Smt.Panem Sammakka W/o Late Sriramulu Pedda Gollagudem Village, Wazedu Revenue Mandal, Khammam District.
2 Panem Mallikarjunarao S/o Late Sriramulu Pedda Gollagudem Village, Wazedu Revenue Mandal, Pedda Gollagudem Village, Wazedu Revenue Mandal, Khammam District.
3 Smt.Panem Lakshmi w/o Mallikarjunarao Pedda Gollagudem Village, Wazedu Revenue Mandal, Khammam District.
AND
..... PETITIONERS
The Mandal Revnue Officer, Wazedu,Khamman District.
.....RESPONDENT
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toIssue an appropriate writ, order or direction , more particularly one in the nature ofWrit of Mandamus declaring action of the Respondent and his subordinates in takingsteps to dispossess the petitioners from their house sites, total admeasuring Ac. 0.90cents consisting of Residential house bearing No.2-51 & 2-51/B, situated at PeddaGollagudem Village, Cherukuru Grampanchayat, Wazedu mandal, khammamdistrict without issuing any notice and without initiating any proceedings is illegal,arbitrary and violative of principles of natural justice and consequently direct therespondent and his subordinates not to disposes the petitioners from their properties .Counsel for the Petitioners: Mr.KOWTURU VINAYA KUMARCounsel for Respondent : G.P. FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The petitioners claim to be in possession of the land admeasuring Ac.0.90 cents,bearing residential house Nos. 2-51 and 2-51/B, Pedda Gollagudem village,Cherukuru Gram Panchayat, Wazedu Mandal, Khammam district having acquiredthe same by way of succession, after death of their father in the year 1999. Thepetitioners contend that they are paying the house taxes to the Gram Panchayat andthat the respondent has conducted a survey and issued confirmation certificate on15-6-2002. The grievance of the petitioners is that without issuing any notice andwithout providing any opportunity or following due process of law, respondent istrying to dispossess them from the subject property and trying to issue pattas to thirdparties. Hence, the present writ petition.
Heard the learned counsel for petitioners and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the admissionstage, with the following direction:
If the respondent intends to acquire private land of individuals, he shall follow theprocedure established by law and pay compensation to the individuals. If the land isa Government land, which is under encroachment, he shall follow the procedureunder Land Encroachment Act, for eviction. Till then, the parties shall maintainstatus quo obtaining as on today as regards the possession of the petitioners. If therespondent has already followed the due process of law in the matter, he is at libertyto take consequential steps for eviction.
Accordingly, the writ petition is disposed of, at the admission stage.
_____________
N.V.RAMANA,J
DATED 30-12-2004
TVK/DA
To,
1..The Mandal Revenue Officer, Wazedu, Khammam district
2.. Two CCs to the G.P. for Revenue, High Court buildings, Hyderabad (OUT)
3.. Two CD copies