Telangana High Court
WP/25085/2004 of Bikki Hanumanthu , Egilichi, Vs Mandal Revenue Officer, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25085 of 2004 Between: Bikki Hanumanthu @ Egilichi, S/o. B. Kesanna, R/o. 4/18 Kandanathi
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
WRIT PETITION NO : 25085 of 2004
Between:
Bikki Hanumanthu @ Egilichi, S/o. B. Kesanna, R/o. 4/18 Kandanathi Village, Yemmigannur Madnal, Kurnool District.
..... PETITIONER
AND
Mandal Revenue Officer, Yemmigannur, Kurnool District.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue a Writ, order or direction preferably in the nature of Writ of Mandamusdeclaring the action of the respondent in trying to dispossess and dismantle thedwelling house along with cattle shed bearing No.4/18 of Kandanathi village,Yemmigannur Mandal, Kurnool District without following the due process of law asarbitrary, illegal and opposed to principles of natural justice.
For the Petitioner: MR.K.VENKATARAO, Advocate For the Respondent: GP FOR REVENUE
The Court at the stage of admission made the following:
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ORDER:
The petitioner claims to be in possession of the land admeasuring Ac.0-04 cents inSurvey No.408 of Kandanathi village, Yemmigannur Mandal of Kurnool District, byvirtue of possession certificate issued by the respondent, dated 11-02-2003. It isstated that he erected a house and also raised a cattle shed thereon. His grievanceis that at the instance of the persons inimical to him, the respondent withoutfollowing due process of law, is trying to dispossess him from the land and demolishthe house and cattle shed therein. Apprehending dispossession from the land anddemolition of the structures therein, the petitioner filed the present writ petition.
Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue appearing on behalf of the respondent.
If the land in question is a Government land, which is under encroachment, therespondent shall follow the procedure under the Land Encroachment Act, foreviction. If the land is a private land and if the respondent intends to acquire it, heshall follow the procedure established by law and pay compensation for acquisitionthereof. Till then, status quo obtaining as on today shall be maintained with regard topossession of the land in question. If the respondent has already followed dueprocess of law in the matter, he is at liberty to take steps for eviction.
Accordingly, the writ petition is disposed of at the stage of admission.
______________
N.V. RAMANA, J
Date: 31-12-2004
Svv
To
1. The Mandal Revenue Officer, Yemmigannur, Kurnool District.
2. Two C.Cs to the Government Pleader for Revenue, High Court Buildings, A.P.,Hyderabad (OUT).Buildings, A.P.,Hyderabad (OUT).
3. Two C.D.copies.