Telangana High Court

WP/25171/2004 of Kogila Bathakaiah, Vs The Mandal Revenue Officer, on 31 December 2004

Cites 0, Cited by 0

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 :

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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.

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead