Boorgula Tirupataiah Khammam And Another v. Secretary Revenue Dept. Hyd And 5 Othrs

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.22272 OF 2016 ORDER:

Heard the learned counsel for the petitioners; learned Government Pleader for Revenue appearing for respondents 1 to 4 and the learned Government Pleader for Tribal Welfare. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage.

2. The present writ petition is filed with the following prayer: "to issue an appropriate writ, order or direction, particularly one in the nature of Mandamus, declaring the action of respondents 2 to 6 herein in trying to interfere with the petitioner's possession and enjoyment of Acs.3.00 Gts., of land in Sy.No.548/40/1 of Usirikayalapalli Village, Singareni Mandal, Khammam District, for the purpose of taking over of petitioners' above said land for distribution to Tribal persons without taking any proceedings under law, without issuing any notice, without paying any compensation, as illegal, arbitrary, unreasonable, without authority of law, violative of principles of natural justice and also violative of Articles 14, 21 and 300-A of the Constitution of India and issue a consequential direction to the respondents herein not to interfere with their possession and enjoyment over the above said land without taking any proceedings under law and without paying compensation to the 1st petitioner."

3. Though various grounds are raised in the writ petition, learned counsel for the petitioners restricts his prayer seeking a direction to the respondent authorities not to dispossess the petitioners from the property in dispute, without following due process of law.

4. Learned Government Pleader submits that the respondent authorities will not dispossess the petitioners without following due process of law.

5. Having regard to the submissions made, and without going into the merits of the case, the Writ Petition is disposed of directing respondents 2 to 6 not to dispossess the petitioners from the property in dispute without following due process of law. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_______________________ JUSTICE C. PRAVEEN KUMAR Date:11.07.2016 INL