N. Ramalingamma v. The State Of Andhra Pradesh, Rep. By Its Principal

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND SEVENTEEN

Present

Between:

N. Ramalingamma, W/o.Venkata Subbaiah, Aged about 70 years, Occ: Anganwadi worker, R/o.Gangawaram post, Odduwaripalem Village, Santhanuthalapdu Mandal, Prakasham District, Andhra Pradesh and another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Velagapudi, Guntur District, Andhra Pradesh and 8 others.

.. Respondents The Court made the following:

ORDER:

Heard.

2.

Petitioners claim that an application was made for conducting of survey. Alleging in action in conducting survey as requested, this writ petition is filed.

3.

The case on record and the averments stated in the affidavit would disclose that an extent of 0.03 cents in Plot No.107, in Sy.No.981 of Santhanoothalapdu Village and Mandal, Prakasham District belongs to petitioners and are in possession and enjoyment of the same. While so, a house was constructed by 9th respondent attached to the boundary in the south side of the petitioners' property. Recently, respondents 7 and 8 resorted to similar acts damaging the western side boundary. These averments made in the affidavit itself would constitute the cause of action, which would mean that there is an illegal encroachment into the subject property. If the petitioners have grievance regarding encroachment into the land owned by them, they have to avail civil law remedy. Therefore this Court is not inclined to entertain the writ petition and keep the same pending.

4.

The writ petition is accordingly dismissed, leaving it open to the petitioners to work out their remedies available under law, as against the illegal and unauthorized encroachment. There shall be no order as to costs. 5.

Miscellaneous petitions, if any, pending in this petition shall stand close.

____________________ P.NAVEEN RAO, J Date: 14.09.2017 dv

Date:14.09.2017 dv