Thuraka Venkatamma v. State Of Andhra Pradesh, Rep. By Its District Collector,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 1832 of 2015 ORDER:

Challenging the forcible eviction allegedly being resorted to by the respondent authorities, the petitioners filed this writ petition.

2. The averments in the writ affidavit disclose that the petitioners are in possession and enjoyment of the house plots admeasuring 93 Sq.yds, 71 Sq.yds and 93 Sq.yds in Plot Nos.15, 1 and 14, respectively, of Peda Nagulavaram village, Markapur mandal, Prakasam district. The petitioners state that their forefathers inhabited those house plots since time immemorial, succeeded by their fathers and now they came to be in possession. They further state that the then Mandal Revenue Officer, Markapur, has also issued "Handing Over of House Site Confirmation Document" ("Nivesha-Sthala Swaadheena Dhruveekarana Pathramu" in Telugu) dated 03.12.2005 in their favour for the extent of house plots in their possession. While so, the respondent authorities, without recourse to law, are trying to dispossess the petitioners from their house sites.

3. Learned Government Pleader, on instructions, submits that, as of now, there is no proposal to acquire the house sites of petitioners and the allegation that the respondents are resorting to forcible eviction is false.

4. Having considered the rival submissions, the writ petition is disposed of directing the respondents not to dispossess the petitioners without following due process of law. No order as to costs. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

_____________________ CHALLA KODANDA RAM, J 04th February, 2015 KSM