T.Sankarayya v. The District Collector

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9200 OF 2005 DATED: 06.04.2015 Between:

T. Sankarayya and others .. Petitioners And The District Collector, Visakhapatnam District, and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9200 of 2005 ORDER:

This writ petition was filed assailing the action of the respondents in seeking to dispossess the petitioners from their land admeasuring Acres 3-50 cents in Sy.No.52 (part) of Visakhapatnam Mandal and District. By interim order dated 25.04.2005, this Court directed the respondents not to dispossess the petitioners from the land in question without following the due process of law.

Despite the passage of a decade, the respondent authorities have not chosen to file a counter-affidavit.

As the issue raised falls within a short compass, this Court disposes of the

writ petition with the following order:

As there is no rebuttal of the petitioners' claim that they are in possession of the subject land, the respondent authorities are bound to act in accordance with the due procedure laid down by law in the event they wish to disturb the petitioners' alleged possession. Giving them liberty to take recourse to such due procedure if warranted, the writ petition is closed.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 6th April, 2015 IBL