Musini Veeraju And Anothers v. District Collector, And 2 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.10641 OF 2006

ORDER

This writ petition is filed seeking to issue a Writ of Mandamus declaring the action of the respondents in trying to dispossess the petitioners from their lawful possession and enjoyment of their own lands in an extent of Ac.0.50 cents and Ac.1.50 cents in Sy.No.58 situated at Padamara Khandrika Village of Kapileswarapuram Mandal, East Godavari District, as illegal and arbitrary and consequently to direct the respondents not to interfere and dispossess the petitioners from their lands.

Heard Sri Challa Dhanamjaya, learned counsel appearing for the petitioners and learned Government Pleader for Revenue appearing for the respondents.

It is the case of the petitioners that they are absolute owners and possessors of land admeasuring Ac.2.00 of Padamara Khandrika Village, Kapileswarapuram Mandal, East Godavari District. They purchased the said land several decades ago and got their names mutated in the revenue records also. While so, when the respondents were trying to dispossess them without following due process of law, the present writ petition is filed.

Learned counsel appearing for the petitioners contends that the respondents without initiating any proceedings for acquisition under law, are trying to dispossess the petitioners. On the other hand, learned counsel appearing for the respondents contends that if the respondents intend to acquire the land in question or dispossess the petitioners, they would follow due process of law.

In view of the above submissions, without expressing any opinion on merits of the case, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the land in question without following due process of law. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 9th February, 2018 rkk