Telangana High Court

WP/2869/1996 of Mookara Gopaiah Vs The District Collector, 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 R.SUBHASH REDDY WRIT PETITION NO : 2869 of 1996 Between: 1 Mookara Gopaiah S/o. Nagaiah R/o. Kondrupadu (V), Penuballi

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 REDDY

WRIT PETITION NO : 2869 of 1996

Between:

1 Mookara Gopaiah S/o. Nagaiah

R/o. Kondrupadu (V), Penuballi Mandal, Khammam District.

2 Mookara Tirupataiah S/o. Nagaiah

R/o. Kondrupadu (V), Penuballi Mandal, Khammam District.

3 Mookara Ramulu S/o. Nagaiah

R/o. Kondrupadu (V), Penuballi Mandal, Khammam District.

..... PETITIONERS

AND

1 The District Collector,

Khammam.

2 The Revenue Divisional Officer,

Khammam

3 The Mandal Revenue Officer, Penuballi 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 evict thePetitioners from their land to an extent of Ac.2-00 in Sy.No. 387 of Kondrupadu(V), Penuballi Mandal, Khammam District, and assign the same in favour ofTelugu Desam Party workers as beneficiaries, as totally illegal, withoutjurisdiction and violative of Articles 14,21 and 300-A of the Constitution of Indiaand consequently direct the respondents to regularise the possession andenjoyment of the Petitioners in accordance with law in the light of theGovernment orders issued from time to time.

Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE

The Court made the following:

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ORDER:

This writ petition is filed, seeking writ of Mandamus, to declare theaction of the respondents in taking steps to evict the petitioners fromthe land admeasuring Ac.2-00 cents in Sy.No.387 of KondrupaduVillage, Penuballi Mandal, Khammam District, as illegal and arbitrary.

As stated in the affidavit, filed in support of the writ petition, it is thecase of the petitioners that they are in possession of the land inquestion from the last several years, and are cultivating the said landand the income from the said land is the only source of theirlivelihood.

The present writ petition is filed on the apprehension that stepsare being taken to evict the petitioner without initiating anyproceedings for eviction so as to assign the same to the third parties.

In the counter-affidavit filed on behalf of the respondents it is statedthat no steps have been initiated to evict the petitioners from the landin question.

In view of the averments made in the counter-affidavit, I dispose ofthe writ petition directing the respondents not to evict the petitionersfrom the land in question as otherwise under due process of law. Noorder as to costs.

____________________

R.SUBHASH REDDY, J

31.12.2004

dr

To

1 The District Collector,

Khammam District, Khammam.

2 The Revenue Divisional Officer,

Khammam, Khammam District.

3 The Mandal Revenue Officer, Penuballi Mandal, Khammam District. Khammam District.

4 2CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT)

5 2CD copies

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