Telangana High Court

WP/28102/2008 of Thammisetti Govindamma Vs The District Collector on 24 December 2008

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.28102 of 2008 Between: Thammisetti Govindamma, W/o.Anjaneyulu, aged 42 years, Cooli,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE V.V.S.RAOWRIT PETITION No.28102 of 2008

Between:

Thammisetti Govindamma, W/o.Anjaneyulu, aged 42 years, Cooli,Rayavaram village, Markapuram Mandal, Prakasam District.

..... PETITIONER

AND

1. The District Collector, Prakasam District, Ongole.

2. The Tahsildar, Markapuram Mandal, Prakasam District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue Writ of Mandamus or any appropriate Writ, orderor direction declaring the high handed action of the 2[nd] respondent intrying to dispossess petitioner from the possession of the house site plotNo.76 in survey No.381/3, Rayavaram Village, Markapuram Mandal,Prakasam District, as illegal, arbitrary and unconstitutional withoutfollowing due process of law.

Counsel for the Petitioners: MR.I.KOTI REDDY

Counsel for the Respondents: GP FOR REVENUE

The Court made the following:

THE HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.28102 of 2008

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ORDER:

Petitioner is resident of Rayavaram village of Markapuram Mandalin Prakasam District. She was allotted house site i.e., plot No.76,admeasuring Acss.0.02½ in survey No.81/3 of said village on 12.1.1994. She constructed house under Integrated Novel DevelopmentIn Rural And Model Municipal Areas housing scheme. Her case is thatofficials of second respondent came to her plot on 19.12.2008 anddirected to vacate land and also threatened with coercivedispossession. Therefore, present writ petition is filed.

At the stage of preliminary hearing itself, learned AssistantGovernment Pleader for Revenue (General-Andhra Area) obtainedinstructions. He submits that writ petition is filed on mere apprehensionand officials of second respondent never visited the land. He alsosubmits that if any action has to be taken, it shall be done in due processof law.

In view of the above, the writ petition is misconceived and isaccordingly dismissed. No costs.

December 24, 2008.

YS

______________

(V.V.S.RAO,J)

To

1. The District Collector, Prakasam District, Ongole.

2. The Tahsildar, Markapuram Mandal, Prakasam District.

3 Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad (OUT) Hyderabad (OUT)

4 Two CD copies.

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