Smt. Bonthu Gangamma v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE S.V. BHATT W.P. No.21480 OF 2017 ORDER:

Heard Mr.Kilaru Khader Baba for petitioners and the Assistant Government Pleader for Assignment.

The petitioner prays for the following relief: "...Writ of Mandamus declaring the action of the respondents in trying to evict the petitioners from their palm oil garden and tobacco barren situated in Sy.No.141/2, 143/2, 145/2, Taduvai Village of Jangareddygudem Mandal, West Godavari District total extent Ac. 5.42 Cents by using physical force with the help of police people without following due process of law, without issuing any notice and without initiating any proceedings for cancellation of D-Form Patta and Pattedar Passbooks, as illegal, arbitrary, and in violation of Principles of Natural Justice..."

The Assistant Government Pleader by reference to written instructions dated 03.07.2017 submits that the assignment in respect of Survey Nos. 141/ 2, 143/ 2 and 145/ 2 in an extent of Ac.1.68 cents, Ac.1.89 cents and Ac.1.85 cents has nothing to do with the possession and enjoyment of land in Survey No.144. According to her, 'Kalava Poramboke' is assigned and petitioners by reference to assignment are also getting into or encroaching land in Survey No.144. The Assistant Government Pleader submits that the respondents would follow procedure, issue notice in respect of any of the issues warranting interference by department, afford opportunity to petitioners and pass orders. The writ petition is disposed of by placing on record the statement of respondents 2 to

4. It is made clear that though the subject matter of writ petition relates to Survey Nos.141/ 2, 143/ 2 and 145/ 2, the respondents are given liberty to follow the same yardstick while proceeding to remove encroachment or enjoyment in Survey No.144. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT, J Date: 03.07.2017 Stp