Telangana High Court
WP/27780/2005 of Yellabelli Nukalamma Vs The Revenue Divisional Officer on 28 December 2005
MR JUSTICE V.V.S.RAO WRIT PETITION No.27780 of 2005 Dated:28.12.2005 Between: Yellabelli Nukalamma W/o.Appa Rao R/o.Tadi, Salepuvani Palem Village Parwada Mandal, Visakhapatnam District, and another. ..... PETITIONERS AND The Revenue Divisional Officer Visakhapatnam, and another.
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION No.27780 of 2005
Dated:28.12.2005
Between: Yellabelli Nukalamma W/o.Appa Rao R/o.Tadi, Salepuvani Palem Village Parwada Mandal, VisakhapatnamDistrict, and another.
..... PETITIONERS
AND
The Revenue Divisional Officer Visakhapatnam, and another.
.....RESPONDENTS
THE HON'BLE MR JUSTICE V.V.S.RAO
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ORDER:
WRIT PETITION No.27780 of 2005
The petitioners are residents of Salepuvani Palem Village of Parwada Mandal inVisakhapatnam District. The land in Survey No.93/P was assigned to the petitioners(plot Nos.71 and 69) for house sites. The petitioners allegedly raised huts in the saidplots and residing in the same since then. It appears, recently due to heavy rains,their huts were damaged, and therefore, the petitioners commenced construction ofpucca houses. They allege that the second respondent interfered with theconstruction and objected for the same. Assailing the same, the present writ petitionis filed, inter alia, seeking a direction to the respondents not to interfere with thepeaceful possession and enjoyment of plot Nos.71 and 69 in Survey No.93/P.
At the stage of admission itself the learned Assistant Government Pleader forRevenue (Assignments) has obtained instructions from the second respondent. Hesubmits that the petitioners sold away the land to one Geddam Bhaskara Rao, andhaving come to know the same, the second respondent prevented construction ofpucca houses by Geddam Bhaskara Rao. Learned Assistant Government Pleaderdenied the allegation that the petitioners are in possession of the land and that they are constructing any pucca houses. He has also placed before this Court a faxmessage copy of the statement issued by Geddam Bhaskara Rao wherein he statedthat he purchased plot No.69 from Ramanamma, W/o.Polaiah, the second petitionerherein, and Yellabelli Nukaraju, S/o.Kondaiah. He also gave an undertaking that hewill not raise any construction and that he purchased the land without knowledgethat the same is assigned land and that alienation thereon is prohibited by law. Thestatement is dated 16.12.2005, and there is no reason to disbelieve the same.
The writ petition is filed without any factual foundation. However, if the assignment ofthe petitioners is to be cancelled and the land is to be resumed, the respondentsshall do so in accordance with law.
The Writ Petition, with the above observation, is dismissed. No costs.
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(V.V.S.RAO, J)
28.12.2005
vs