WP/38791/2013 of Dr. Kondra Aruna Aruna Kumari, Vs Government of Andhra Pradesh, Rep. by its Secretary, on 31 December 2013

ORDER:

THE HON’BLE SRI JUSTICE P NAVEEN RAO

Writ Petition No.38791of 2013

The petitioner claims to be the owner and possessor of landadmeasuring Ac.0.45 cents in survey No.855/1 Atmakur Village and Mandal,Sri Potti Sriramulu Nellore District. She has also filed a copy of the pattadarpass book and title deeds issued in his favour. Her grievance is that therespondents are trying to dispossess him from the land, without following theprocedure prescribed by law.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Revenue.

Whenever the Government needs land for any public purpose, it isunder obligation to take necessary steps, vis-à-vis the required extent ofland. If it is held by private individuals, the proceedings under the LandAcquisition Act, 1894 (for short ‘the Act’), are to be initiated. If, on the otherhand, any person has occupied the Government land, she can be evictedfrom the same, by following the procedure prescribed under the Act. Thepetitioner asserts that she has not been issued any notice, much less anyproceedings were initiated.

Hence, the writ petition is disposed of, directing the respondents not todispossess the petitioner from Ac.0.45 cents in survey No.855/1 AtmakurVillage and Mandal, Sri Potti Sriramulu Nellore District, except by initiatingproceedings under the Act.

The miscellaneous petition filed in this writ petition shall also standdisposed of.

There shall be no order as to costs.

Dated: 31.12.2013TVK

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P.NAVEEN RAO,J.

HONOURABLE SRI JUSTICE P. NAVEEN RAO

WRIT PETITION No. 38791 OF 2013

Date: 31.12.2013