Telangana High Court
WP/25017/2004 of Neelapu Bhudevi, Vs The Mandal Revenue Officer, 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 : 25017 of 2004 Between: Neelapu Bhudevi, w/o late Siva Rao, R/o Kella Street, Srikakulam
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 : 25017 of 2004
Between:
Neelapu Bhudevi, w/o late Siva Rao, R/o Kella Street, Srikakulam Town & Mandal, Srikakulam District.
AND
..... PETITIONER
1 The Mandal Revenue Officer, Srikakulam.
2 The Revenue Divisional Officer, Srikakulam.
3 The District Collector, Srikakulam.
4 The Chief Commissioner of Land Administration, Andhra Pradesh, Nampally, Hyderabad.
5 The Government of A.P., rep., by its Principal Secretary to Government, Revenue (Assign.III) Department, Hyderabad.
.....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 one in the nature ofWrit of Mandamus declaring the action of the respondents in not issuing Pattadarpass book and title deeds for the land in question for an extent of Ac.0.80 cents inS.No.38/2 of Arsavalli Village, Srikakulam and further taking steps to allocate thesaid land to third parties as arbitrary, illegal and violative of Articles 14, 21 and 300of the Constitution of India and consequently direct the respondents to issuePattadar Pass Book and Title Deeds for an extent of Ac.0.80 cents in SurveyNo.38/2 situated in Arsavalli Village, Srikakulam.
For the Petitioner: MR. M. KESAVA RAO, Advocate For the Respondents: 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 itself is disposed of at the stage ofadmission.
The petitioner claims to be owner of Ac.1-40 cents of land situated in SurveyNo.38/2 of Arsavalli village of Srikakulam District by virtue of the D-form pattagranted by the Tahsildar, Srikakulam vide Roc. No.1745/68/A32, dated 15-12-1968.It is stated that out of the said land she sold an extent of Ac.0-60 cents to thirdparties. On mere apprehension that the respondents are going to cancel her D-formpatta and take steps to evict her from the remaining extent of Ac.0-80 cents of landso as to alienate it to third parties on payment of market value, without consideringher alleged continuous possession for more than 57 years, she filed the present writpetition seeking a direction to the respondents not to interfere with her peacefulpossession and enjoyment over the land, and to issue pattadar pass book and titledeeds in her favour in respect of the land.
Any cancellation of the D-Form Patta granted to the petitioner, shall only be afterfollowing the due process of law, in that, they shall issue notice to the petitionercalling for her explanation, after considering the explanation that may be submittedby her, pass appropriate orders, and till such exercise is undertaken, status quoobtaining as on today shall be maintained by the parties as regards the possessionof the petitioner. If the respondents have already followed the due process of law inthe matter, they are liberty to take consequential steps in accordance with thedecision they have taken.
Accordingly, the writ petition is disposed of at the stage of admission.
______________
N.V. RAMANA, J
Date: 31-12-2004
1 The Mandal Revenue Officer, Srikakulam.
2 The Revenue Divisional Officer, Srikakulam.
3 The District Collector, Srikakulam.
4 The Chief Commissioner of Land Administration, Andhra Pradesh, Nampally, Hyderabad.Nampally, Hyderabad.
5 The Principal Secretary to Government, Government of A.P., Revenue (Assign.III) Department, Hyderabad.Revenue (Assign.III) Department, Hyderabad.
6 Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).Buildings, A.P., Hyderabad (OUT).
Conclusion
7 Two CD copies.