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High Court for State of TelanganaWP/15870/2013disposed of no costs

P.V.Mohan Reddy S/O Sudharshan Reddy v. The Andhra Pradesh State Housing Corporation

2017-06-29C.Praveen Kumar2 pages

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 15870 of 2013 ORDER:

1) The present writ petition came to be filed with the following relief:

" issuance of writ of mandamus declaring the action of the respondent authorities in threatening to dispossess the petitioner from plot bearing No.1, admeasuring Ac.0.11 cents in Sy.No.590/ 3A5, situated at Kallur Village and Mandal, Kurnool District, without issuing any notice and without following the due process of law, as illegal and arbitrary; and consequently direct the respondents not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioner over the said plot."

2) By an order dated 05.06.2013, this Court while admitting the writ petition, passed the following order: " In the light of the house site allotment document produced by the petitioner reflecting the allotment of a site admeasuring Ac.0.11 cents in Sy.No.590/ 3A5 of Kallur Village and Mandal, Kurnool District, in his favour on payment of market value, there shall be a direction to the respondents not to interfere with his possession and enjoyment over the same except in accordance with the due procedure laid down by law."

3) When the matter is taken up for hearing Sri M.Ravindranath Reddy, learned Standing Counsel for the third respondent-Corporation would submit that the question of their interference would not arise, as the land is not handed over to the Corporation. The Government Pleader for Revenue denies the involvement of the revenue officials in illegal dispossession of the petitioner from the subject property.

4) Having regard to the above, the writ petition is disposed of, directing the respondents not to dispossess the petitioner from the subject property without following due process of law. However, if any action sought to be initiated, the same shall be in accordance with law.

5) There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 29.06.2017 gkv