Telangana High Court
WP/25176/2004 of Epuri Srinivasa rao S/o Kotaiah 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 : 25176 of 2004 Between: 1 Epuri Srinivasa Rao, S/o Kotaiah, R/o Eravandi, Burgampahad
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 : 25176 of 2004
Between:
1 Epuri Srinivasa Rao, S/o Kotaiah, R/o Eravandi, Burgampahad Mandal, Khammam district2 Epuri Ravi S/o Sathyam, R/o Eravandi, Burgampahad Mandal, Khammam district
..... PETITIONERS
AND
The Mandal Revenue Officer, Burgampahad Mandal, Khammam District
.....RESPONDENT
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 a Writ, order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the respondent i.e. Mandal Revenue Officer,Burgampahad Mandal, Khammam District, in taking steps to evict the petitionersherein from the lands i.e. sy. No. 19 to extent of ac. 1-12 gts of Eravandi Village,Burgampahad Mandal, Khammam District of the 1st Petitioner and in Sy. No. 19 toan extent of Ac. 1-26 gts of 2nd petitioner Eravandi village, Burgampahad Mandal,Khammam District without following the procedure laid down under landEncroachment Act and without due process of law is illegal and void and opposed toArticles 14, 19, 21 and 300(A) of Constitution of India and consequently to direct therespondents not to dispossess the petitioners without due process of law.
For the Petitioner: MR.MUMMANENI.SRINIVASA RAO, Advocate For the Respondent: 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.
Petitioner Nos.1 and 2 claim to be in occupation of an extent of Ac.1-12guntas of land and Ac.1-26 cents of land respectively situated in Survey No.19 ofEravandi Village, Burgampahad Mandal of Khammam District since 1960 by raisingagricultural crops therein. Their grievance is that without following the procedure laiddown under the Land Encroachment Act, the respondent is taking steps to evictthem from the land, which is illegal and arbitrary. Seeking a direction to therespondent not to dispossess them from the land without due process of law, theyfiled 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 land in question is a Government land, which is under encroachment, therespondent shall follow the procedure contemplated under the Land EncroachmentAct for eviction. Till then, status quo obtaining as on today shall be maintained. If therespondent has already followed the due process of law in the matter, he is at libertyto take steps to evict the petitioners from the land in question.
______________
N.V. RAMANA, J
Date: 31-12-2004
Svv
To
1. The Mandal Revenue Officer, Burgampahad Mandal, Khammam District.
2. Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).
3. Two CD copies.
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