Dhannani Surya Rao And 3 Others v. The Dist. Collector, Krishna, And Another

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.3729 OF 2006

ORDER

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in interfering with the plot of the petitioners admeasuring 323.26 square yards in R.S.No.983 in Muthyalampadu, Vijayawada, Krishna District, as arbitrary and illegal.

Heard Sri V.V.Anil Kumar, learned counsel appearing for the petitioners, learned Government Pleader for Revenue appearing for the 1st respondent and Sri Karanam Ramesh, learned counsel appearing for the 2nd respondent. Learned counsel appearing for the petitioners contends that the present writ petition is filed while the respondents were trying to interfere with the possession of the petitioners and as there was no interim direction in this writ petition, the respondents had not interfered with the possession of the petitioners. Learned counsel further contends that the respondents had not interfered with their possession for the last 12 years and hence, no further orders are necessary in this writ petition. However, liberty may be given to the petitioners, if they are aggrieved by the action of the respondents in respect of their possession over the property in question in future.

Accordingly, the writ petition is disposed of. It is needless to say that if the respondents are intending to dispossess the petitioners, they should follow due process of law till the petitioners are in possession. No costs. Miscellaneous petitions, if any, pending shall stand closed.

______________________________ JUSTICE ABHINAND KUMAR SHAVILI 2nd February, 2018 rkk