.Yaragala Sulochanamma, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.22780 of 2015 Between:

Yaragala Sulochanamma, W/o. Krishnaiah, Aged about 58 years, Occu: Petty Business, Sunnapubatti Street, near Grampanchayat Vegetable Market, Buchireddipalem Village and Mandal, SPSR Nellore District and others. .. Petitioners AND The State of Andhra Pradesh, rep.by its Principal Secretary, Panchayat Raj & Rural Development Department, Secretariat, Secretariat Buildings, Hyderabad and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED : 22.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers may : Yes / No be allowed to see the Judgments ? :

2. Whether the copies of judgment may be marked : Yes / No to Law Reporters/Journals :

3. Whether Their Lordship wish to see the fair : Yes / No copy of the Judgment ? : HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22780 of 2015 ORDER:

Petitioners claim to be in possession and enjoyment of the land and constructed shops to an extent of 3/4th ankanam in between south compound wall of Panchayat Vegetable Market and New Gudipalli Canal Left Bund, Buchireddypalem Grampanchayat, Buchireddypalem Village.

2. Earlier alleging that respondents are interfering with the peaceful possession and enjoyment of their properties, W.P.No.6644 of 2014 was instituted. This Court disposed of the said writ petition on 07.03.2014 directing the respondents not to take coercive steps, either to demolish the shop rooms or to dispossess the petitioners except in accordance with law, that too after putting them on notice and giving them opportunity of bearing heard. In consequent to the said directions issued by this Court, on 07.03.2014 notices were issued to the petitioners calling for the objections of petitioners as to why they should not be dispossessed from the said shops. Petitioners claim to have submitted their explanation on 24.03.2015.

Alleging that even without passing orders on the explanation submitted by the petitioners, coercive steps are being taken, petitioners again instituted W.P.No.9566 of 2015. This Court recorded the statement of the learned standing counsel that no coercive action whould be initiated against the petitioners and that only after considering explanation submitted by the petitioners, action would be taken against them and disposed of the said writ petition on 08.04.2015. At this stage, present writ petition is filed again alleging that respondents are taking coercive steps and interfering with the peaceful possession and enjoyment of their subject shops without passing final orders.

3. As noticed above, this Court on two occasions granted sufficient protection to the petitioners with reference to dispossession of the petitioners without following due process of law.

At this stage, question of granting any further protection to the petitioners does not arise. Petitioners can work out their remedies only after a decision is taken by the respondents in pursuant to the notice dated 10.03.2015 and this writ petition is misconceive and it is dismissed accordingly. There shall be no order as to costs.

Miscellaneous petitions if any pending in the writ petition shall stand closed. __________________________ JUSTICE P.NAVEEN RAO Date : 22.07.2015 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.22780 of 2015 Date: 22.07.2015 kkm