Telangana High Court

WP/25247/2004 of Tandra Rambabu, Vs The Mandal Revenue Officer, on 31 December 2004

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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 : 25247 of 2004 Between: Tandra Rambabu S/o late Papa Rao, Agriculture, R/o Jaganadhapuram

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 : 25247 of 2004

Between:

Tandra Rambabu S/o late Papa Rao, Agriculture, R/o Jaganadhapuram Village,Mulakapalli Mandal, Khammam District.

..... PETITIONER

AND

The Mandal Revenue Officer, Mulakalapally Mandal, Khammam 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 such appropriate writ, order or direction to the respondent more so particularlyone in the nature of mandamus declaring the action of the respondent in interferingwith the peaceful possession and enjoyment of the petitioner in respect of the land toan extent of Ac.4.11 Gts in Survey No.177, Ac.4.19 Gts in Survey No.180 andAc.13.32 Gts in Survey No.253 forming compact block, situated at Jaganadhapuramvillage, Mulkalapally Mandal, Khammam District, when the petitioner has beenrecorded as owner and possessor of the said lands in the record of Rights preparedand maintained as per the provisions of A.P. Rights in Land and Pattadar PassBooks Act, 1971 in respect of Jaganadhapuram village, Khammam District, asarbitrary, illegal and without jurisdiction and also in violation of principles of naturaljustice and as such violative of Articles 14 and 21 of the Constitution of India.

For the Petitioner: MR.V.T.M.PRASAD, Advocate For the Respondent: GP FOR REVENUE

The Court at the stage of admission made the following:

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ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader forRevenue and with their consent the writ petition is finally disposed of at the stage ofadmission.

Petitioner claims to be absolute owner of Ac.4-11 guntas of land in Survey No.177,Ac.4-19 guntas in Survey No.180 and Ac.13-32 guntas in Survey No.253 situated atJaganadhapuram village,Mulakalapally Mandal of Khammam District, havinginherited the same from his father late Tandra Papa Rao. He states that his namewas entered in Record and Rights prepared and maintained under the provisions ofA.P. Rights in Land and Pattadar Pass Books Act, 1971 as owner and possessor inrespect of the lands, and pass books were also issued to him. His grievance is thatthe respondent without having any authority and without giving any notice to him,tried to dispossess him from the lands in order to fulfill the target fixed by his superiorauthorities with respect to the decision taken by the State Government to distributepattas to 10 lakh people before 26-01-2005 in the State. Assailing the impugnedaction of the respondent, the petitioner filed the present writ petition.

If the respondent intends to acquire private lands of individuals, he shall follow theprocedure established by law and pay compensation to the individuals. If the land isa Government land, which is under encroachment, he shall follow the procedureunder Land Encroachment Act, for eviction. Till then, the parties shall maintainstatus quo obtaining as on today as regards the possession of the petitioner. If therespondent has already followed the due process of law in the matter, he is at libertyto take consequential steps for eviction.

Accordingly, the writ petition is disposed of at the stage of admission.

______________

N.V. RAMANA, J

Svv

To

1. The Mandal Revenue Officer, Mulakalapally Mandal, Khammam District.

2. Two C.Cs to the Government Pleader for Revenue, High Court Buildings,A.P.,Hyderabad (OUT).A.P.,Hyderabad (OUT).

3. Two C.D.copies.

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