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High Court for State of TelanganaWP/10554/2018dismissed no costs

K. Bhuvaneswar v. State Of Andhra Pradesh,

2018-04-02P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.10554 OF 2018 Dated:02.04.2018 Between:

Kora Bhuvaneswar, S/o. Late K. Venkata Swamy Naidu, aged 43 years, Occ: Cultivation, R/o. Jangalapalle Village, Krishnapuram Post, Pakala Mandal, Chittoor District, A.P.

.. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary to Government, Revenue Department, Secretariat, Amaravathi and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.10554 OF 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

Petitioner claims that he is in possession of land to an extent of Ac.1.50 cents in Survey No.545 of Jangalapalle, Mogarala Revenue Village, Pakala Mandal, Chittoor District, and for more than 30 years, Mange trees are standing on the said property. Petitioner alleges that there is threat of eviction and if such eviction is carried out, grave prejudice would be caused to him. 3.

Material on record would show that so far no steps are taken for evicting the petitioner. This Writ Petition is filed as a pre-emptive litigation to stop the respondent authorities from taking appropriate course of action in accordance with law to dispossess a person from the land belonging to the Government. Therefore, the cause in the Writ Petition is premature. It cannot be said that the petitioner is remediless, if a decision is made to evict him either by following due procedure or if due procedure is not followed. The Court is not inclined to entertain the Writ Petition at this stage.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out the remedies as available to him as and when cause of action arises. There shall be no order as to costs.

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

____________________ P. NAVEEN RAO, J Date:02.04.2018 Note:- Issue C.C. in one week.

(B/o) KH