Telangana High Court
WP/28628/2008 of Dokku Pushpavathi Vs The Government of A.P. on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28628 of 2008 Between: 1 Dokku Pushpavathi W/o. Venkateswarlu R/o. Madaka
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28628 of 2008
Between:
1 Dokku Pushpavathi W/o. Venkateswarlu R/o. Madaka Village, Pedana Mandal, Krishna District.
2 Srikakulapu Rangamma W/o. Subba Rao
R/o. Madaka Village, Pedana Mandal, Krishna District.
3 Kukkala Raghavamma W/o. Laxman
R/o. Madaka Village, Pedana Mandal, Krishna District.
4 Seelam Gopamma W/o. Prakasham
R/o. Madaka Village, Pedana Mandal, Krishna District.
5 Maddela Shakuntala W/o. Nageswara Rao
R/o. Madaka Village, Pedana Mandal, Krishna District.
6 Selam Venkateswaramma W/o. Rama Rao
R/o. Madaka Village, Pedana Mandal, Krishna District.
AND
..... PETITIONER(S)
1 The Government of A.P. Rep. by its Secretary Revenue Department, Secretariat Buildings, Hyderabad.
2 The Revenue Divisional Officer Machilipatnam Krishna District.
3 The Tahsildar Pedana Mandal Pedana, Krishna District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate Writ, order or direction more particularlyone in the nature of Writ of Mandamus declaring the action of therespondent authorities in trying to dispossess the petitioner from the landsan extent of Ac.0-23 cents in R.S.No.142/2B3, Ac.0-23 cents inR.S.No.142/2B4, Ac.0-23 cents in R.S.No.142/2B5, Ac. 0-23 cents inR.S.No.142/2B8, Ac.0-23 cents in R.S.No.142/2B9 and Ac.0-23 cents in R.S.No.142/2B12 situated at Madaka Village, Pedana Mandal in KrishnaDistrict as illegal, arbitrary, unconstitutional violative of principles ofnatural justice, consequently direct the respondents not to evict thepetitioners from the total extent of land Ac.1-38 cents in R.S.No.142/2B3,142/2B4, 142/2B5, 142/2B8, 142/2B9, and 142/2B12 situated at MadakaVillage, Pedana Mandal in Krishna District without following due processof law.
Counsel for the Petitioners: MR.J.SREENIVASA RAO
Counsel for the Respondents: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRIJUSTICE VILAS V. AFZULPURKAR
W.P.NO. 28628 OF 2008
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ORDER:
1. Heard learned counsel for the petitioners as well aslearned Government Pleader for Revenue and with theirconsent this writ petition is being disposed of at this stage.
2. The grievance of the petitioners is that they areassignees of their respective extents of land as stated in theimpugned proceedings of Mandal Revenue Officer, PsedanaMandal, Krishna District in R.C.A.No. 282/87, dated19.1.1988. The petitioners claim that while they are inpossession and enjoyment of the aforesaid extents of land,they were threatened with dispossession, whereupon theysent a notice to all the three respondents through theircounsel vide notice dated 10.12.2008. Receipt of the saidnotice was acknowledged by Revenue Divisonal Officer,Machilipatnam, Krishna district and Tahasildar, PedanaMandal, Krishna District as is evident from the Xerox copiesof the postal acknowledgements, which are filed as Ex.P4 in this writ petition. The only grievance of the petitioners is thatthey may not be evicted from their respective allotted extentsof land except by following due process of law and followingthe principles of natural justice. The grievance of thepetitioners, therefore, can be redressed by disposing of thiswrit petition with the following direction.
3. The respondents 2 and 3 are directed to consider theclaim of the petitioners made in their notice dated10.12.2008, follow due process of law viz., issue ofappropriate notice and pass a reasoned order after givingopportunity to them before taking any coercive steps againstthem.
4. With the aforesaid direction, the writ petition isdisposed of. No costs.
_________________________
VILAS V. AFZULPURKAR, J
Dt. 29.12.2008
KR
// TRUE COPY //
To
1 The Government of A.P. Rep. by its Secretary Revenue Department, Secretariat Buildings, Hyderabad. Revenue Department, Secretariat Buildings, Hyderabad.
2 The Revenue Divisional Officer Machilipatnam Krishna District. Krishna District.
3 The Tahsildar Pedana Mandal Pedana, Krishna District.4. 2 CCs to GP for Revenue Pedana, Krishna District.4. 2 CCs to GP for Revenue
5. 2 CD copies
..... REGISTRARSECTION OFFICER
Form-NIC-OGS/WP{KBJ}