Telangana High Court

WP/24792/2004 of Alimili Bhaskar Vs The Dist Collector, on 30 December 2004

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24792 of 2004 Between: Alimili Bhaskar S/o.Polaiah Balayapalli Mandal, Nellore Dist. .....

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE Mr. JUSTICE N.V. RAMANA

WRIT PETITION No. 24792 of 2004

Between:

Alimili Bhaskar S/o.PolaiahBalayapalli Mandal, Nellore Dist.

AND

..... PETITIONER

1 The Dist Collector, Nellore Dist.

2 The Mandal Revenue Officer, Balayapalli Mandal, Nellore Dist.

.....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue a writ, order or direction particularly a writ of mandamus declaring the action ofthe 2nd Respondent issuing Form-I, Notices Rc.B.292/04 dt 15/7/2004 withoutinitiating or recording a finding U/s.3(1) of the A.P.Assigned Lands (Prohibition ofTransfers) Act, 1977 as illegal, arbitrary and without Jurisdiction and consequentlydirect the Respondent not to interfere with the lawful possession of the petitionersland in Survey No.164/3 an extent of 0.27 cents and Survey 162/16 and extent of0.50 cents of Subtramanyam Village,Balayapalli Mandal, Nellore District.

Counsel for the Petitioner : Mr.G.DASARADHA RAMI REDDYCounsel for Respondents : G.P. FOR REVENUE

The Court at the admission stage made the following :

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ORDER:

The petitioner claims to be owner and possessor of lands admeasuring 0.27 cents inSurvey No.164/3 and 0.50 cents in Survey No.162/16 situated at SubrahmanyamVillage, Balayapalli Mandal, Nellore District, having purchased the same from theoriginal assignees respectively. It is stated that the 2[nd] respondent-Mandal RevenueOfficer issued Form-I Notice dated 15.07.2004 calling upon the petitioner to showcause as to why he should not be evicted from the lands in question, for which thepetitioner stated to have submitted his explanation on 24.12.2004. The grievance ofthe petitioner is that without considering his explanation, the respondents are goingto evict him from the lands in question arbitrarily. Hence, he filed the present writpetition.

Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed to dispose of the writ petition at the admission stage.

If the respondent intends to acquire private land 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 the, the parties shall maintain statusquo 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.

With the above direction, the writ petition is disposed of at the admission stage. Nocosts.

_________________

(N.V. RAMANA, J)

Date: 30.12.2004

Tvk/NSR

To

1 The Dist Collector, Nellore Dist.

2 The Mandal Revenue Officer, Balayapalli Mandal, Nellore Dist.

3 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT)

4 Two CD copies.

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