Telangana High Court
WP/24840/2004 of Gangavarapu Anasurya, Vs The District Collector, 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. 24840 of 2004 Between: 1 Gangavarapu Anasurya, W/o. Venkata Ramaiah, R/o. Sannamuru Revenue
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
Between:
WRIT PETITION No. 24840 of 2004
1 Gangavarapu Anasurya, W/o. Venkata Ramaiah, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal,Prakasam District.
2 Butlagunta Padma, W/o. B. Haribabu,
R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal, Prakasam District.
3 Butlagunta Venkata Ratnam, W/o. B. Rama Rao, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal,Prakasam District.
4 Mandalapu Ramadevi, W/o. Koteswara Rao, R/o. Sannamuru Revenue Village, Ankepalli Gram Panchayat, Marripudi Mandal, Prakasam District. ..... PETITIONERS
AND
1 The District Collector, Prakasam District, Ongole.
2 The Revenue Divisional Officer, Kandukuru Division, Kandukuru, Prakasam District.3 The Mandal Revenue Officer, Marripudi Mandal, Marripudi, Prakasam District. .....RESPONDENTSPrakasam District.3 The Mandal Revenue Officer, Marripudi Mandal, Marripudi, Prakasam 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 an appropriate Writ, order or direction, more particularly one in the nature ofWRIT OF MANDAMUS, directing the respondents not to interfere with the peacefulpossession and enjoyment of the petitioners in respect of Ac.4-73 cents of land offirst Petitioner, Ac.1-90 cents of land of 2nd petitioner, Ac.2-16 cents of land of 3rdpetitioner and Ac.1-46 cents of land of 4th petitioner, in patta No.15 and Sy.No.263,situated at Sannamuru Revenue Village, Ankepalli Gram Panchayat, Now MarripudiMandal, Prakasam District, and further direct the Respondents not to assign the land or in any way alienate the lands of the petitioners to others.Counsel for the Petitioner : Mr.P.KRISHNA REDDYCounsel for Respondents : G.P. FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The petitioners claim that their father has purchased land in an extent of Ac.4-73cents, Ac.1-90 cents, Ac. 2.16 cents and Ac.1.46 cents in patta No.15 in surveyNo.263, Sannamuru Revenue village, Ankepalli Gram Panchayat under a registeredsale deed dated 10-6-1959 and they are in continuous possession and enjoyment ofthe same. It is further stated that his father, before his death, has given the saidproperties to the petitioners herein and on his death, the petitioners are stated to bein possession and cultivating the same. While so, it is alleged that the thirdrespondent has visited the subject lands and informed that the said lands are goingto be assigned to the people belonging to SC, ST and weaker sections under thepolicy of the Government to distribute one lakh acres of land. Questioning the saidaction of the respondents, the present writ petition is filed on the ground that the saidlands are private lands and without following due process of law, they cannot beevicted.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the admissionstage.
Since the petitioners allege that the subject lands are private properties andrespondents are trying to evict them without following due process of law, I deem itappropriate to dispose of the writ petition directing respondents to conduct anenquiry and pass appropriate orders in accordance with law, expeditiously. Till suchtime, the petitioners shall not be dispossessed from the subject lands. However, ifthe subject lands are Government lands, the respondents are at liberty to proceedfurther in the matter, in accordance with law. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
To
1 The District Collector, Prakasam District, Ongole.
2 The Revenue Divisional Officer, Kandukuru Division, Kandukuru, Prakasam District.Prakasam District.
3 The Mandal Revenue Officer, Marripudi Mandal, Marripudi, Prakasam District.Prakasam District.
4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).
5 Two CD copies.