Telangana High Court
WP/27982/2005 of Kondapalli Appa Rao, Vs The Mandal Revenue Officer, on 30 December 2005
MR JUSTICE V.V.S.RAO WRIT PETITION No.27982 of 2005 Dated:30.12.2005 Between: Kondapalli Appa Rao, S/o.Subbaiah, Sy.No.774/1007, Ac.3.40, Eppicherla Village, Karempudi Mandal, Guntur District, and others. ..... PETITIONERS AND The Mandal Revenue Officer, Karempudi (PO), Guntur District.
THE HON'BLE MR JUSTICE V.V.S.RAO
WRIT PETITION No.27982 of 2005
Dated:30.12.2005
Between:
Kondapalli Appa Rao, S/o.Subbaiah, Sy.No.774/1007, Ac.3.40, Eppicherla Village, Karempudi Mandal, Guntur District, and others.
..... PETITIONERS
AND
The Mandal Revenue Officer, Karempudi (PO), Guntur District.
.....RESPONDENTS
THE HON'BLE MR JUSTICE V.V.S.RAO
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ORDER:
WRIT PETITION No.27982 of 2005
The petitioners, who are 28 in number, seek a writ of mandamus declaring the actionof the respondents in trying to dispossess them as illegal and arbitrary. It is the caseof the petitioners that they have been in possession of the Government porambokeland in Survey Nos.774, 1040, 1059, 1062, 1046, 1055 etc., situated at OppicherlaVillage for more than 50 years in an extent of Ac.1.50 cents to Acs.4.00. They also obtained necessary pattadar passbooks from the revenue authorities, dug bore wellsand cultivating the lands. They allege that in the third week of December 2005, thesurveyors of the first respondent came to the land and informed the petitioners thatthey would be evicted and the land would be assigned to third parties. Thepetitioners allege that the respondents are resorting to highhanded action to evictthe petitioners as they belong to Telugu Desam Party and that the respondents aretrying to assign the land to the supporters of Congress Party. It is also brought to thenotice of this Court by the petitioners that when a similar action was challenged by42 villagers of Oppicherla in W.P.No.15680 of 2005, this Court by order dated20.07.2005 in W.P.M.P.No.19926 of 2005 stayed dispossession.
The learned Assistant Government Pleader for Revenue (General) after gettinginstructions from his clients submits that in connection with a writ petition, beingW.P.No.15680 of 2005, filed by other agriculturists of Oppicherla Village the surveywas undertaken and for that purpose, the said Village was visited. He submits thatthere is no move either to evict the petitioners or to assign the land in SurveyNos.774, 1040, 1059, 1062, 1046, 1055 etc., to other landless poor persons. Thelearned Counsel also does not dispute the legal position that if for any reason thepetitioners are to be evicted, the respondents have to necessarily issue a notice andfollow due process of law.
In view of the submission made by the learned Assistant Government Pleader, thewrit petition is disposed of as above. No costs.
30.12.2005
Note: Issue C.C by 03.01.2006.
B/o.vs
____________
(V.V.S.RAO, J)