Telangana High Court
WP/25248/2004 of Tanneru Khader Babu, 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 : 25248 of 2004 Between: 1. Tanneru Khader Babu, S/o late Subbaiah, Agriculture, R/o
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 : 25248 of 2004
Between:
1. Tanneru Khader Babu, S/o late Subbaiah, Agriculture, R/o Jaganadhampuram village, Mulkalapally Mandal, Khammam District.
2. Tanneru Venkateswar Rao, S/o late Subbaiah, Agriculture, R/oJaganadhampuram village, Mulkalapaly Mandal, Khammam District.3. Tanneru Appa Rao, S/o late Subaiah, Agriculture, R/o Jaganadhampuramvillage,, Mulkalapally Mandal, Khammam District.4. Tanneru Pedda Pullaiah, S/o late Subbaiah, Agriculture, R/oJaganadhampuram village, Mulkalapaly Mandal, Khammam District.5. Tanneru Chinna Pullaiah, S/o late Venkata Subbaiah, Agriculture, R/oJagannadhampuram village, Mulkalapaly Mandal, Khammam District.
.....PETITIONERS
AND
The Mandal Revenue Officer, Mulkalapally Mandal, Khammam District ......RESPONDENT
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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 appropriate writ, order or direction to the respondent more particularly one inthe nature of mandamus declaring the action of the respondent in interfering with thepeaceful possession and enjoyment of the petitioners in respect of the land inSurvey Nos.626/5, admeasuring Ac.0.12 Gts. Ac.0.11 Gts, 0.12 Gts, 0.12 Gts andAc.1.08 Gts. respectively in respect of the land in Survey No.626/6, admeasuringAc.0-09 Gts., Ac.0-10 Gts., Ac.0-10 Gts., Ac.0-10 Gts., and Ac.0-39 Gts., respectively,in respect of the land in Survey No.626/17 to an extent of Ac.1.00 belonging to the 1[st] petitioner, Ac.0.20 Gts belonging to 3[rd] petitioner and Ac.2.00 belonging to the5[th] petitioner, in respect of the land in Survey No.626/40 admeasuring 0.30 Gts eachbelonging to the petitioners 1 to 4 and Ac.3.32 Gts belonging to the 5[th] petitioner andthe land in Survey No.626/42 to an extent of Ac.0.38 Gts, 0.37 Gts, 0.17 Gts, 0.38Gts and Ac.3.30 Gts respectively belonging to the petitioners, situated atJaganadhapuram village, Mulkalapaly Mandal, Khammam District, when thepetitioners are recorded as owners and possessors of their respective extents statedabove in the Record of Rights prepared and maintained as per the provisions ofA.P.Rights in Land and Pattedar Pass-books Act, 1971 as arbitrary, illegal andwithout jurisdiction and also in violation of principles of natural justice and as such violative of Articles 14 and 21 of the Constitution of India.
For the Petitioners: MR.V.T.M.PRASAD, AdvocateFor the Respondent: GP FOR REVENUE
The Court at the stage of admission made the following:
ORDER:
Heard the learned counsel for the petitioners and the learned Government Pleaderfor Revenue and with their consent the writ petition is finally disposed of at the stageof admission.
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Petitioners claim to be owners of Ac.2-15 guntas of land in Survey No.626/5, Ac.1-38 guntas in Survey No.626/6, Ac.3-20 guntas in Survey No. 626/17, Ac.7-02 guntasin Survey No.626/40 and Ac.7-20 guntas in Survey No.626/42 situated atJaganadhapuram village, Mulkalapally mandal of Khammam District. They state thattheir names were entered in Record and Rights prepared and maintained under theprovisions of A.P. Rights in Land and Pattadar Pass Books Act, 1971 as owners andpossessors in respect of the lands, and pass books were also issued to them. Theirgrievance is that the respondent without having any authority and without giving anynotice to them, tried to dispossess them from the lands in order to fulfill the targetfixed by his superior authorities with respect to the decision taken by the StateGovernment to distribute pattas to 10 lakh people before 26-01-2005 in the State.Assailing the impugned action of the respondent, the petitioners filed the present writpetition.
Conclusion
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 petitioners. 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
Date: 31-12-2004
Svv
To
1. The Mandal Revenue Officer, Mulkalapally 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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