Telangana High Court
WP/25171/2004 of Kogila Bathakaiah, 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 : 25171 of 2004 Between: Kogila Bathakaiah, S/o. Late Yellaiah, R/o. Marrigudem Colony,
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 : 25171 of 2004
Between:
Kogila Bathakaiah, S/o. Late Yellaiah,R/o. Marrigudem Colony, Venkatapuram mandal,Khammam District.
AND
..... PETITIONER
The Mandal Revenue Officer, Venkatapuram 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,Venkatapuram mandal, Khammam District, in taking steps to evict the petitionerherein from the land i.e., Sy.No.23/4 to extent of Ac. 1-27 1/2 cents of Naguru-Gvillage, Venkatapuram Mandal, Khammam District, without following the procedurelaid down under Land Encroachment Act and without due process of law is illegaland void and opposed to Articles 14, 19,21 and 300(A) of Constitution of India andconsequently to direct the respondents not to dispossess the petitioner without dueprocess 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 petitioner and the learned Government Pleader forRevenue and with their consent the writ petition itself is disposed of at the stage ofadmission.
The petitioner claims to be in occupation of an extent of Ac.1-27 ½ cents ofland situated in Survey No.23/4 of Nuguru-G Village, Venkatapuram Mandal ofKhammam District since 1960 by raising agricultural crops therein. His grievance isthat without following the procedure laid down under the Land Encroachment Act,the respondent is taking steps to evict him from the land, which is illegal andarbitrary. Seeking a direction to the respondent not to dispossess him from the landwithout due process of law, he filed 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 petitioner from the land in question.
______________
N.V. RAMANA, J
Date: 31-12-2004
Svv
To
1. The Mandal Revenue Officer, Venkatapuram Mandal, Khammam District.
2. Two CCs. to the Government Pleader for Revenue, High Court Buildings, A.P., Hyderabad (OUT).
3. Two CD copies.