High Court for State of TelanganaWP/39002/2015disposed of no costs

Boya Akkamma, v. The State Of Andhra Pradesh, Rep. By Principal Secretary

2015-12-04Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 39002 of 2015 BETWEEN Boya Akkamma ... PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 04.12.2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

2. Petitioner claims to be owner and possessor of various extents of lands in survey No.402/3 admeasuring Ac.245 cents, survey No.402-2 admeasuring Ac.0-51 cents, Survey No.402-3B admeasuring Ac.5-85 cents, Survey No.402-2B admeasuring Ac.1-53 cents at Kundurpi Mandal, SRD of Kalyandurg,

Anantapur District. While petitioner claims that he is in peaceful possession and enjoyment of the aforesaid private lands, the third respondent issued the impugned notice dated 04.09.2015 directing the petitioner not to enter into his lands and suspended the pattadar passbooks. Questioning the said action as without jurisdiction, the present writ petition is filed.

3. Learned Government Pleader for Revenue has since received instructions submits that the legal heirs of the original occupiers are having disputes among them and they made representation before the Tahsildar for survey of the land and to fix the boundaries and as the other legal heirs have not cooperated, the Tahsildar issued the said notice, but the same was immediately cancelled. It is stated that though the Tahsildar issued the impugned notice, it is not in force and the third respondent will not interfere with the said patta land.

4. Since it is clearly mentioned that there shall be no interference by the third respondent with the patta land of the petitioner and the impugned notice is withdrawn, nothing further survives for consideration in this writ petition. Writ petition is accordingly disposed of. As a sequel the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 4, 2015 LMV