Telangana High Court
WP/28353/2008 of G.Venkata Krishna Rao Vs The Tahasildar Avanigadda (M) on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28353 of 2008 Between: G.Venkata Krishna Rao S/o Venkata Swamy,Hindu Door
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28353 of 2008
Between:
G.Venkata Krishna Rao S/o Venkata Swamy,Hindu Door No.3-82A Vekanuru(V) Avanigadda(M) Krishna District
..... PETITIONER
AND
1 The Tahasildar Avanigadda (M) Krishna District 2 Vekanuru Grama Panchayat rep.by its Village Secretary Vekanuru Krishna District
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ order direction more particularly one in thenature of writ of Mandamus directing the respondents not to interfere withthe residential house of the petitioner bearing old Assessment No.656and new Assessment No.181 of Vekanuru(V) of Avanigadda(M) KrishnaDistrict besides declaring their action as illegal and ultra vires to theprovisions of Article 14 21 and 300-A of the constitution of India and theprinciples of natural justice and pass Counsel for the Petitioner:MR.V.S.R.ANJANEYALU
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKARWrit Petition No. 28353 of 2008
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Order:
The petitioner claims that he owns a residential house in an extentof Ac.0.05 cents bearing old assessment No.656 and new assessmentNo.181 of Vekanuru village of Avanigadda Mandal, Krishna District. Thepetitioner has further stated that he has purchased the same for valuableconsideration and has been paying tax etc. The writ petition, however, isfiled on account of the allegation that the second respondent has visitedthe spot on 23.12.2008 and threatened to demolish the house on theground that the petitioner’s house is constructed on a poramboke land. The petitioner submits that he has not been given any notice either underthe provisions of the Land Encroachment Act or the Land Acquisition Actor the Land Grabbing Act etc., and apprehending that he will behighhandedly dispossessed the present writ petition is filed.
I have heard the learned Government Pleader, who has placedbefore the Court the instructions received by him from the Tahsildar ofAvanigadda Mandal. According to the received instructions, learnedGovernment Pleader states that RS No.236/2 is classified in the villageaccounts as “Mandabayalu” Poramboke. However, it is stated that thereis no proposal for taking over the petitioner’s land.
In view of the said categorical statement, the apprehension of thepetitioner that he is likely to be dispossessed does not survive forconsideration. However, if the respondents desired to take any action inrespect of the petitioner’s aforesaid house property, they will do so after following the due process of law by giving notice and opportunity ofhearing to the petitioner and thereafter pass appropriate orders and takefurther proceedings.
With the above observation, the writ petition is disposed of. Nocosts.
_________________________
VILAS V. AFZULPURKAR, J.
Date: 29.12.2008Nsr