Telangana High Court
WP/24954/2007 of Karibandi Papa Rao, Vs The District Collector, on 24 December 2007
SRI JUSTICE V. ESWARAIAH WRIT PETITION No.24954 OF 2007 DATED: 24-12-2007 BETWEEN Karibandi Papa Rao, S/o. Ramayya, Occ: Cultivation, R/o. Gutala Village, Polavaram Mandal, West Godavari District and others. …PETITIONERS AND The District Collector, West Godavari District, Eluru and
THE HONOURABLE SRI JUSTICE V. ESWARAIAH
WRIT PETITION No.24954 OF 2007
DATED: 24-12-2007
BETWEEN
Karibandi Papa Rao,S/o. Ramayya,Occ: Cultivation,R/o. Gutala Village,Polavaram Mandal,West Godavari Districtand others.
…PETITIONERS
AND
The District Collector,West Godavari District,Eluru and two others.
…RESPONDENTS
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ORDER:
Petitioners submit that each of them has been allotted house site to anextent of Ac.0.03 cents in Sy.No.550 of Gutala Village, Polavaram Mandal,West Godavari District vide proceedings No.298/2002 (A) dated 14.09.2005of the Mandal Revenue Officer, Polavaram and plot numbers were alsomentioned in the house site pattas. They further submit that the thirdrespondent without following due process of law is making an attempt todispossess them from the said allotted house sites and therefore, they havegot issued a legal notice dated 20.10.2007 requesting the respondents not tointerfere with their peaceful possession and enjoyment of their respectiveplots. In spite of the said request, the subordinates of the respondentsvisited their house sites on 17.11.2007 and directed them to vacate thehouse sites.
2. On instructions, the learned Government Pleader, submits that thehouse site pattas have been granted in proceedings No.298/2002 (A) dated14.09.2005 in respect of Ac.0.03 cents i.e. 144 sq. yards in favour of each ofthe petitioners in Sy.No.550 and meanwhile some other landless poorpersons namely Smt. Gollapalli Suryakumari and 15 others have made arepresentation on 09.10.2007 stating that the petitioners herein are ineligiblefor allotment of house site pattas.
It is stated that with reference to the said representation the matter is pendingfor enquiry.
3. Even assuming that the petitioners are not entitled for allotment ofhouse sites; if there is any misrepresentation and even if the petitioners arenot landless poor, the respondents cannot dispossess them without followingdue process of law. If the petitioners are not entitled for the house sites, it isalways open for the respondents to conduct an enquiry and cancel the housesite pattas but without following due process of law, the petitioners cannot bedispossessed.
Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents not to dispossessthe petitioners without following due process of law. There shall be no order as to costs.
December 24, 2007Note: Furnish C.C. of the order by 26.12.2007 (B/o) DSKNote: Furnish C.C. of the order by 26.12.2007 (B/o) DSK
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V. ESWARAIAH, J