WP/46754/2016 of Golla Subbaraju, Vs The District Collector, on 30 December 2022

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the Respondents not to dispossess the petitioners land of an extent of each 5 Acres in Sy.No.1/1 at Karicherlagudem Village, Gopalapuram Mandal, West Godavari District without following due process of Law….”

2. The brief facts of the case are that the petitioners are the absolute owners and possessors of the land admeasuring to an extent of 5 Acres in Sy.No.1/1 of Karicherlagudem Village, Gopalapuram Mandal, West Godavari District. They were issued D-Form Memos by the respondents, are also paying taxes from time to time and are in complete enjoyment of the same by raising and cultivating crops since then. The Suit filed in O.S.No.273 of 1986 was decreed in favour of the petitioners on 30.08.1994. Subsequently, appeal suit filed by the respondents in A.S.No.6 of 1996 was dismissed on 08.07.2000. While the things stood thus, respondent Nos.4 & 5 started raising cashew nuts by encroaching the Suit-scheduled property. Hence, the present Writ Petition.

3. When the matter came up for admission on 02.01.2017, this Court passed the following interim order:- ”…if the petitioners are in possession of the property in dispute, status-quo as on today to be maintained for a period of eight weeks”.

4. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue and perused the material placed on record.

5. Having regard to the facts and circumstances of the case and keeping in view the submissions made by both the counsel, instead of going into merits of the case, the respondents are directed not to interfere with the peaceful possession of the petitioners’ subject property and not to dispossess them, if at all they are in possession, without following due process of law. Accordingly, the Writ Petition is disposed of. There shall be no orders as to costs.

Consequently, miscellaneous petitions pending, if any, shall also stands closed.

_______________________

JUSTICE V.SUJATHA

Date : 30.12.2022 GSP/PSR

62

GSP/PSR

HONOURABLE SMT. JUSTICE V.SUJATHA

(Disposed of)

WRIT PETITION No.46754 of 2016

Date : 30.12.2022