Telangana High Court
WP/24800/2004 of Rayudu Visali, Vs Govt of A.P., 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. 24800 of 2004 Between: Rayudu Visali, W/o. Nageswara Rao, R/o. D.No. 56-1-112, Bapuji
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. 24800 of 2004
Between:
Rayudu Visali, W/o. Nageswara Rao,R/o. D.No. 56-1-112, Bapuji Nagar, Jagannaickpur, East Godavari District.
AND
..... PETITIONER
1 Govt of A.P., rep. by its Secretary, Revenue Department, Secretariat, Hyd.
2 District Collector, East Godavari District, Kakinada.
3 Mandal Revenue Officer, Kakinada, Urban, Kakinada, East Godavari District.East Godavari District.
.....RESPONDENTS
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 a writ of Mandamus or any other appropriate writ, order or direction declaringthe action of the respondents in seeking to dispossess her from her house propertybearing D.No.56-1-107, Bapuji Nagar, Jagannaickpur, Kakinada East GodavariDistrict without following the due process of law as illegal, arbitrary etc.Counsel for the Petitioner : Mr.V.V.L.N.SARMACounsel for Respondents : G.P. FOR REVENUE
The Court at the admission stage, made the following :
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ORDER:
Heard the learned counsel for petitioner and the learned Government Pleader forRevenue and both of them agreed for disposal of the writ petition at the stage ofadmission.
The petitioner claims to be owner of property bearing D.No.
56-1-107 admeasuring 68 sq.yards in Ward No.23, Block No.56, Bapuji Nagar,Jagannaikpur, Kakinada Municipality. The grievance of the petitioner is that thoughhe purchased the said property under registered sale deed dated 6.4.1999 from OneSri Mummidi Appa Rao for valuable consideration and paying taxes on the property,the third respondent is interfering with his possession and threatening to evict thepetitioner. Challenging the said action of the respondent, the present writ petition isfiled.
Having regard to the facts and circumstances of the case, without going into meritsof the matter, I deem it appropriate to direct the respondents not to dispossess thepetitioner from the property in question without following due process of law.However, it is made clear that if the subject land is a Government land, therespondents are at liberty to proceed against the petitioner by following dueprocedure as contemplated under law.
The writ petition, with the above observations and directions, is accordinglydisposed of. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
1 The Secretary, Govt of A.P., Revenue Department, Secretariat, Hyderabad.
2 The District Collector, East Godavari District, Kakinada.
3 The Mandal Revenue Officer, Kakinada, Urban, Kakinada, East Godavari District.East Godavari District.
4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad.
5 Two CD copies.