Telangana High Court

WP/24697/2004 of M. Krishnaiah, Vs District Collector, on 30 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 24697 of 2004 Between: 1 M. Krishnaiah, S/o. Lakshmaiah, R/o. Bhimavaram Village, Sri

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 SRI JUSTICE N.V. RAMANAWRIT PETITION NO : 24697 of 2004

Between:

1 M. Krishnaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

2 M. Ramachandraiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

3 M. Janakiramaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

4 M. Desaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

5 M. Narayanaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

6 M. Rangaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

7 M. Laila, W/o. Nagaraja,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

8 K. Nagaratanam, S/o. Chengaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

9 M. Chengaiah, S/o. Rangaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

10 M. Ramachandraiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

11 M. Parvathamma, W/o. Ramaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

12 M. Munikrishnaiah, S/o. Ramaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

13 M. Adilakshmi, W/o. Krishnaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

14 M. Chengiah, S/o. Desaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

15 K. Siddaiah, S/o. Jayaramaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

16 K. Padmavathamma, W/o. Nagaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

17 K. Muniswamy, S/o. Jayramaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

18 T. Shankar, S/o. Chinnabba,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

19 P. Lakshmaiah, S/o. Chengaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

20 T. Srinivasulu, S/o. Venkataiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

21 G. Gangamma, W/o. Pottaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

22 P. Munikrishnaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

23 P. Sumathi, W/o. Rangaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

24 G. Gangamandadi, S/o. Pottaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

25 M. Eswaraiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

26 A. Gopalam, S/o. Chengaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

27 M. Govardhan, S/o. Ramachandraiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

28 M. Chandrababu, S/o. Ramachandraiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

29 M. Lavandra Kumar, S/o. Rangaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

30 T. Padmavathamma, W/o. Krishnaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

31 M. Rangaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

32 M. Hemalatha, D/o. Narayana,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

33 M. Krishnaiah, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

34 M. Venkataramana, S/o. Krishnaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

35 M. Narayana, S/o. Lakshmaiah,

R/o. Bhimavaram Village, Sri Kalahasthi (M), Chittoor District.

AND

..... PETITIONERS

1 The District Collector, Chittoor District, Chittoor.

2 The Revenue Divisional Officer, Tirupathi, Chittoor District.

3 The Mandal Revenue Officer, Srikalahasthi (M), Chittoor District.

.....RESPONDENTS

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 more particularly one in the nature of Writ ofMandamus declaring the action of the respondents in insisting the petitioners tovacate the lands respectively assigned in their favour and possessed by them inSy.No.90 to 126 of Bhimavaram revenue village of Sri Kalahasthi Mandal of ChittoorDistrict with a view to reassign to others is illegal, irregular and violative of Articles14, 21 and 300-A of the Constitution of India and also Standing Order 15 of the A.P.Board of Revenue Standing Orders and consequently direct the respondents not toevict them there from nor to reassign the same to anybody.

Counsel for the Petitioners: MR.SATYANARAYANA NIMMAGADDA

Counsel for the Respondents: GP FOR REVENUE

The Court, at the admission stage, made the following:

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ORDER:

This writ petition is filed seeking a Mandamus to declare the action of therespondents in insisting the petitioners to vacate the lands assigned in their favourand possessed by them in Survey Nos. 90 to 126 of Bhimavaram revenue village ofSri Kalahasthi Mandal of Chittoor District with a view to re-assign the same to othersas illegal and arbitrary and consequently to direct the respondents not to evict thepetitioners there from nor to re-assign the same to third parties.

The petitioners claim to be in possession and enjoyment of lands in question. It isstated that D form pattas were granted in favour of petitioners 1 to 9 and in case ofpetitioners 10 to 35 though pattas were not granted their names were mutated in therevenue records as possessors and enjoyers of the lands in question respectively.The grievance of the petitioners is that the 3[rd] respondent-Mandal Revenue Officerwithout issuing any notice and without following the due process of law sent hisofficials to their lands in the second week of December 2004 with a direction tovacate from their respective holdings. Hence they filed 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 admission stage.

Since the petitioners claim to be in possession of the subject land and allege thatthe respondents without following due process of law, are trying to evict them, Ideem it appropriate to dispose of the writ petition with the following directions.

If the respondents intend to acquire private lands of individuals, they shall follow theprocedure established by law and pay compensation to the individuals. If the land inquestion is a Government land, which is under encroachment, the respondents shallfollow the procedure contemplated under the Land Encroachment Act for eviction.Till then, status quo obtaining as on today shall be maintained. If the respondentshave already followed the due process of law in the matter, they are at liberty to takesteps to evict the petitioners from the land in question.

Date: 30.12.2004Nsr/Tvk

________________(N.V. RAMANA, J)

.... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The District Collector, Chittoor District, Chittoor.

2 The Revenue Divisional Officer, Tirupathi, Chittoor District.

3 The Mandal Revenue Officer, Srikalahasthi (M), Chittoor District.

4 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)

5 Two CD copies.

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