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High Court for State of TelanganaWP/25231/2016dismissed

Bukya Peray Nayak S/O Jeevalanayak v. The State Of Andhra Pradesh, .

2016-08-11Suresh Kumar Kait3 pages

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION No. 25231 of 2016 ORDER:

Vide the present petition, the petitioners seek direction thereby directing the respondents not to enter into the lands and dispossess the petitioners without due process of law.

2. Learned counsel appearing on behalf of the respondents, on advance notice, on instructions, submits that regarding the acquisition of land, on the proposals of the Tahsildar, Talupula, the Revenue Divisional Officer, Kadiri, had recommended the proposals of the alienation of the lands situated in Peddannavaripalli Revenue village to the allotment of Zonal Manager, APIIC in Rc.No.2183/2010, dated 4-112010; Rc.2351/2010(D), dated 26-3-2011; Rc.No.1672/2009, dated 27.8.2012; and Rc.No.2410/2012(C) dated 13.09.2012; Rc.No.2749/2012(D), dated 5.10.2012 and Rc.No.1672 dated 10.6.2014 to the District Collector, Anantapuramu, and awaiting further action. He further submits that, out of the proposed lands, the following lands are proposed for allotment to APIIC by the Tahsildar, Talupula, for afforestation, in formation of B.T. Road from Bukkapatnam to Nallamada to Amagondapalyam and upgradation of Four Lane Road from Anantapuramu-Tadipatri via Bhogasamudram.

Serial Survey Extent Ac- Cts.

Name of Cultivator No.

No.

1.

2123-2 2-36 Ramachandra Naik (petitioner No.2 2.

2131-2 3-80 Lakshmi Devi (petitioner No.3)

3.

2105-3 4-74 Bhukya Peere Naik (petitioner No.1) 4.

2115-1 2-30 Neelavathi (petitioner No.5) 5.

2115-2 2-30 Chakkeeramma

3. Learned Government Pleader submits that though the above mentioned lands of petitioners 1 to 3 and 5, and one Chakkeeramma, are proposed for alienation, no physical possession is taken from the cultivators and the said lands are under the cultivation of the petitioners.

4. Learned Government Pleader further assured this Court that without due process of law, the possession of the petitioners from the lands in question, shall not be disturbed.

5. Keeping in view the statement made by the learned Government Pleader representing the respondents, the writ petition is dismissed. No costs. Miscellaneous petitions, if any pending, shall stand closed.

________________________ SURESH KUMAR KAIT, J 11th Aug, 2016 ksm THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT

WRIT PETITION No. 25231 of 2016 11th August, 2016 ksm