Andhra Pradesh High Court
WP/33548/2014 of Nalam Rambabu Vs The Govt. of Andhra Pradesh Rep. by its on 31 December 2024
DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 33548/2014 Between: The Court made the following: ORDER : This writ petition is filed seeking declaring the action of the respondents in taking steps to dispossess the petitioner from the shops bearing Nos.7-1- 14/2, 1, 4 & 5 in 16 Sq. Yards
THE HONOURABLE DR JUSTICE K MANMADHA RAOWRIT PETITION NO: 33548/2014
Between:
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ORDER :
This writ petition is filed seeking declaring the action of the respondents in taking steps to dispossess the petitioner from the shops bearing Nos.7-1-14/2, 1, 4 & 5 in 16 Sq. Yards each in Sy.No.533/1A1 of Mandapeta of East Godavari District and demolish the said shops without recourse to law, as illegal and arbitrary.
2. the grievance of the petitioners is that there is no dispute that the shops were established long back and those are in existing from 1970 onwards. Since the shops are abutting the temple i.e., 2[nd]respondent, the rents have been collected by the 2[nd] respondent upto the year 1995 and they were under impression that 2[nd] respondent is owner. Later on verification with regard to the site, the petitioners have made a request to the then M.R.O., Mandapeta who after due verification has granted pattas in Ref.No.B/2023/94, dt.03-05-1995 to all the petitioners and on an objection by some of the local persons, the then District Collector made an enquiry and directed the Sub-Collector to take steps to issue pattas on payment and as per the directions of the Collector and Sub-Collector in Ref.No.E/1061/2000 in Dis.256/2000, dt.07-06-2000, the 3[rd]respondent has issued pattas vide Ref.No.B/125/2000, dt. 12- 06-2000 in favourof the petitioners and their ancestors as per the orders an amount of Rs.48,000/- @ Rs.3,000/- per Sq. Yard and the amount has been deposited and from 12-06-2000 onwards the petitioners have been in continuous peaceful possession and enjoyment of the said property as owners of the property. It is further stated that the 2[nd] respondent having kept quiet for all these period of nearly 15 years has suddenly on 01-11-2014 came with the Police force and threatened the petitioners to vacate the premises immediately. The petitioners have resisted their action temporarily, but as the petitions are very small people both financially and socially in town, they could not be in a position to resist them. Though the petitionersrequested time to place all the record which is with the petitioners counsel who died recently on 28-10-2014 and inspite of their request, the 2[nd]respondent and their force without issuing any notice or initiation of any proceedings high handedly interfere with the possession and enjoyment of the shops of the petitioners and granted weeks’ time to vacate those actions of the 2[nd]respondent is ex-facie illegal and violative of principles of natural justice. Questioning the same, the present writ petition came to be filed.
3. Heard Sri T.V.S. Prabhakar Rao, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Endowments and learned Assistant Government Pleader for Revenue appearing for the respondents.
4. On hearing, learned counsel for the petitioners while reiterating the averments made in the petition contended that, the petitioners are running the shops since long time and if they are dispossessed high handedly, they will be put to serious loss and put to serious hardship. He submits that since there is a threat of dispossession by the 2[nd] respondent with force, the petitioners preferred the present writ petition seeking declaring the action of the respondents No.2 and 3 in interfering with the petitioners’ peaceful possession and enjoyment of their respective house sites situated in Govindapuram Village, Chilakaluripet Mandal, Guntur District, as illegal and arbitrary and requests to allow the present writ petition.
5. Learned Assistant Government Pleaders appearing for the respondents contended that the respondents have not interfered with the petitioners’ subject property and if at all any dispute, they shall follow due procedure.
6. On perusing the material available on record and on hearing the submissions of both the counsels, without going into the merits of the case, this Court is of the opinion that, the respondents No.2 and 3 are directed not to interfere with the petitioners’ property. If at all, there are any disputes with regard to the subject property, the respondent authorities shall follow due process of law by duly issuing a notice to the petitioners as contemplated under law.
7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.
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DR. K. MANMADHA RAO, J.
Gvl
HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.11136 of 2015
Date : .04.2024
Gvl
declare eclaring the action of the respondents No.2 and 3 in interfering with the petitioners’ peaceful possession and enjoyment of their respective house sites situated in Govindapuram Village, Chilakaluripet Mandal, Guntur District, as illegal and arbitrary.