Andhra Pradesh High Court
WP/5872/2015 of Duppala Guravaiah, S/o.D.Venkaiah, Vs The Tahsildar, Jaggaiahpet on 31 December 2021
SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.5872 of 2015 ORDER: This Writ Petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following relief: “……….to while declaring the inaction of the Respondents in
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.5872 of 2015
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ORDER:
This Writ Petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following relief:
“……….to while declaring the inaction of the Respondents in considering the representation under notice dated 27/8/2014 i e to get vacate the encroachers from the 20 pattas allotted to the Petitioners in R.S.No. 22/A1 and R S No 23/2A situated at Garikapadu Village Anumanchipalli Grampanchayat Jaggaiahpet Mandal Krishna District under the MUNDADUGU SWAYAM UPADHI KOLLA PEMPAKAM centre 10 and issue possession certificates to them is violative of the fundamental rights guaranteed to the Petitionegunder Article 14 191g 21 and 300A of the Constitution of India apart from being violative of the principles of natural justice direct respondent No 1 to 4 to give possession certificate to the Petitioners by issuance of a writ more particularly a Writ in the nature of a Writ of Mandamus or any other appropriate writ or order or direction as the Honble Court may deem fit and proper in the circumstances of the case or else the Petitioners herein will be put to great hardship and suffer irreparable lossand to pass such other order”
2. The only claim of the petitioners in the Writ Petition is that the property was allotted to these petitioners @ 10 cents each, who are 20 in number, under Mundadugu scheme for establishing poultry form; but the possession was not delivered. Thereupon, the petitioners made representation under notice dated 27.08.2014 demanding to deliver possession of the property, but they did not handover it to the petitioners and no action has been taken till date.
3. It is brought to the notice of this Court during the course of hearing that this property was allotted, after evicting the encroachers, to Commercial Tax Department, but according to the information received by the petitioners, the allotment in favour of the Commercial Tax Department was also cancelled, and therefore, the petitioners are entitled to claim possession of the property and requested to issue a direction as stated above.
4. Without going into the merits of the case, it is suffice to issue a direction to dispose of the representation of the petitioners in accordance with law within a period of four (4) weeks from the date of receipt of the order. This order will not preclude the petitioners to renew their request for appropriate relief in the event the property is not delivered.
5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
6. The miscellaneous petitions pending, if any, shall also stand closed.
Date: 31.12.2021 psr
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JUSTICE M. SATYANARAYANA MURTHY
127
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
(Disposed of)
WRIT PETITION No.5872 of 2015
Date: 31-12-2021
psr