Smt. Vuke Papakka v. The District Collector / Agent To Government

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.20537 of 2010 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India, for the following relief:

"To issue writ or direction preferably writ of Madnamus declaring the action of the respondent No.2 and his subordinates in trying to dispossess the petitioners from the ladn admeasuring Ac. 0-22 gts., in Sy.No. 11/A situated at Ragaboinagudem (V), Yellandu Khammam District without issuing any notice and without initiating proceedings as illegal, arbitrary, contrary to record and violative of principles of natural justice and consequently direct the respondents and their subordinates not to dispossess the petitioners from the said land and further direct the respondents No. 1 to take action on the representation dt. 2.8.2010."

2. The grievance of the petitioners precisely in this writ petition is that the respondent authorities are trying to dispossess the petitioners from the subject property without following the due process of law. The subject property in the present writ petition is the land admeasuring 0-22 guntas in Sy.No.11/A of Ragaboinagudem village, Yellandu mandal, Khammam District.

3. This Court, while ordering Rule Nisi on 18.08.2010, granted interim order in WPMP.No.26108 of 2010 directing the respondents not to interfere with the possession of the petitioners in respect of the land in question without following due process of law.

4. A counter affidavit is filed by the Tahsildar, Yellandu Mandal, stating that the second respondent did not interfere with the possession of the petitioners' land in question. It is further stated in the said counter that the second respondent will take action only by following the due process of law. While referring to the said averments in the counter affidavit, it is requested by the learned counsel for the petitioners to dispose of the wit petition in the light of the said averments. This Court considers the said submission as reasonable.

5. For the aforesaid reasons, the writ petition is disposed of, directing the respondents not to interfere with the possession of the petitioners in respect of the subject land admeasuring 0-22 guntas in Sy.No.11/A of Ragaboinagudem village, Yellandu mandal, Khammam District, without recourse to law. As a sequel, miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs. _________________ A.V. SESHA SAI, J Date:14.6.2016 grk THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.20537 of 2010 Dated 14th June, 2016 grk