Telangana High Court
WP/25189/2004 of A.Krishnaiah, Vs The District Collector, Chittoor District, 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 N.V. RAMANA WRIT PETITION NO : 25189 of 2004 Between: 1 A.Krishnaiah, s/o late Venkatesu, R/o Annasamipalle Village,
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 : 25189 of 2004
Between:
1 A.Krishnaiah, s/o late Venkatesu,
R/o Annasamipalle Village, Renigunta Mandal, Chittoor District.
2 A.Munaiah, s/o late Nagaiah,
R/o Annasamipalle Village, Renigunta Mandal, Chittoor District.
.....PETITIONERS
AND
1 The District Collector, Chittoor District, at Chittoor.
2 The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati, ChittoorDistrict.District.
3 The Mandal Revenue Officer, Renigunta Mandal, 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 an appropriate writ, order or direction, more particularly a writ in the nature ofmandamus, declaring the action of the respondents in trying to dispossess thepetitioners from S.No.384 of Annasamipalle Village Revenue Accounts, ReniguntaMandal, Chittoor District, to an extent of Ac.3.25 cents, without following the dueprocedure of law, and without even putting us on notice, as being illegal, arbitraryand violative of principles of natural justice and fair play besides violative of Articles14, 21 and 300-A of the Constitution of India and consequently direct therespondents not to interfere with the petitioner's peaceful possession and enjoymentof their agricultural lands in S.No.384 of Annasamipalle Village Revenue accounts,Renigunta Mandal, Chittoor District, to an extent of Ac.3.25 cents.
For the Petitioners: MR.D.SESHADRI NAIDU, Advocate For the Respondent Nos.1 to 3: GP FOR REVENUE
The Court at the stage of admission made the following:
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ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue and with their consent the writ petition itself is disposed of at the stageof admission.
The petitioners claim to be owner of Ac.3-25 cents of land in Survey No.384of Annasamipalle Village, Renigunta Mandal of Chittoor District. Their grievance isthat without following the procedure laid down under the Land Acquisition Act, therespondents are trying to evict them from the land, which is illegal and arbitrary.Seeking a direction to the respondents not to interfere with their possession over theland, they filed the present writ petition.
Having regard to the facts and circumstances of the case, the writ petition isdisposed of at the stage of admission 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.
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N.V. RAMANA, J
Date: 31-12-2004
To
1 The District Collector, Chittoor District, at Chittoor.
2 The Revenue Divisional Officer, Tirupati Revenue Division, Tirupati, ChittoorDistrict.District.
3 The Mandal Revenue Officer, Renigunta Mandal, Chittoor District.
4 Two C.Cs to the Government Pleader for Revenue, High Court Buildings, A.P.,Hyderabad (OUT).
5 Two C.D.copies.