Telangana High Court
WP/2790/1996 of Modipudi Ramaiah Vs The District Collector on 31 December 2004
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 R.SUBHASH REDDY WRIT PETITION NO : 2790 of 1996 Between: 1 Modipudi Ramaiah S/o.Veeraiah R/o Gandugulapalli (V)
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 R.SUBHASH REDDYWRIT PETITION NO : 2790 of 1996
Between:
1 Modipudi Ramaiah S/o.Veeraiah
R/o Gandugulapalli (V) H/o.Nagupalli, Dammapeta Mandal Khammam Dist 2 Modipudi Veera Mohanrao S/o. Ramaiah Gandugulapalli (V) H/o.Nagupalli, Dammapeta Mandal Khammam Dist
..... PETITIONERS
AND
1 The District Collector, Khammam.
2 The Revenue Divisional Officer,
Paloncha, Khammam District.
3 The Mandal Revenue Officer,
Dammapeta Mandal, Khammam 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 bepleased to issue a writ, order or direction particularly a writ in the nature ofmandamus, declaring the action of the respondents in trying to dispossess thepetitioners from their land in an extent of Ac.4.30 gts, in Sy.No.695/1 and Ac.4-10 gts in Sy.No.692 of Gandugulapalli (V), H/o.Nagupalli, Dammapeta Mandal,Khammam District and assign the same to the 3rd parties, as totally illegal,without jurisdiction and violative of Articles 14,21, and 300-A of the Constitutionof India and consequently direct the respondents not to dispossess thepetitioners from their above said land and assign the same to the 3rd partieswithout due process of law and to pass such other order.
Counsel for the Petitioners: MR.S.LAKSHMA REDDY
Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE
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ORDER:
This writ petition is filed, seeking a writ of Mandamus, to declare theaction of the respondents, in trying to dispossess the petitioners fromtheir lands in Sy.No.695/1 admeasuring Ac.4-30 guntas andSy.No.692 admeasuring Ac.4-10 guntas situated at GandugulapalliVillage, H/o Nagupalli, Dammapeta Mandal, Khammam District, andalso trying to assign the same to the third parties, as illegal andarbitrary.
As stated in the affidavit, filed in support of the writ petition,precisely, it is the case of the petitioners that except the lands inquestion they are not in occupation of any other lands and are ekingout their livelihood by cultivating the lands in question. It is the furthercase of the petitioners that though they are in possession of the landsin question from the last several years and the second respondent-Revenue Divisional Officer by the order dated 12.01.1971 hasdirected the third respondent-Mandal Revenue Officer, Dammapet,not to dispossess the petitioners from the lands in question, therespondents are taking steps to evict them without due process oflaw so as to assign the same to the third parties.
In the counter-affidavit filed on behalf of the respondents, it is statedthat so far as land in Sy.No.692 is concerned, the petitioners havevoluntarily surrendered an extent of Ac.4-00 guntas in the said surveynumber and so far as the remaining land to an extent of 10 guntas inSy.No.962 and the land to an extent of Ac.4-30 cents in Sy.No.695/1is concerned, the said lands are under the peaceful possession of the petitioners only.
On behalf of the petitioners, no rejoinder is filed to the counter-affidavit filed by the respondents.
Therefore, in view of the averment made in the counter-affidavit thatthe petitioners are in possession of the land to an extent of Ac.4-30cents in Sy.No.695/1 and to an extent of 10 guntas in Sy.No.692,which is unrebutted by the petitioners, I dispose of the writ petitiondirecting the respondents not to interfere with the possession of thepetitioners on the said lands, as otherwise under due process of law.
Subject to the above directions, this writ petition is disposed of. Noorder as to costs.
____________________
R.SUBHASH REDDY, J
31.12.2004
dr
To
1 The District Collector, Khammam.
2 The Revenue Divisional Officer,
Conclusion
Paloncha, Khammam District.
3 The Mandal Revenue Officer,
Dammapeta Mandal, Khammam District.
4 2CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT)
5 2CD copies