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High Court for State of TelanganaWP/40335/2015disposed of no costs

Chattu Tulasamma, W/O. Subba Rao, v. The State Of Andhra Pradesh,

2016-01-04Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.40335 of 2015 ORDER:

The present writ petition is filed by 40 petitioners. All of them claim that they have been granted assignment of Ac.0.02 1⁄2 cents each in Block No.337/2A of Gudipudi Village, Sattenapalli Mandal, Guntur District. It is stated that some of the assignees have reconstructed huts. Alleging that action is being taken by respondent No.4 to evict the petitioners from their respective assigned lands, the present writ petition is filed.

2. The instructions issued by the learned Government Pleader for Revenue state that 304 house sites were assigned to some persons in the year 2002 including the petitioners, but none of them have constructed houses till now and most of the beneficiaries are stated to be residing in the village in their own houses. Hence, action is being taken for cancellation of all the said house site pattas on the ground of violation of Condition No.2 of the house site pattas issued to them and the allegation that they are being evicted is denied as none of the petitioners have constructed any houses till 2012.

3. In view of the above, the respondents are at liberty to take appropriate action against the petitioners, if there is violation of condition No.2 of the house site pattas issued to them. However, till such appropriate action is taken, respondent No.4 shall follow the due process of law if he seeks to proceed against the petitioners.

4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

5. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

_________________________________ JUSTICE VILAS V.AFZULPURKAR Date: 04.01.2016 AMD THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.40335 of 2015

DATE: 04.01.2016 AMD