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High Court for State of TelanganaWP/2744/2015closed no costs

Athaluri Shanthi Chandra, v. The State Of Andhra Pradesh,

2015-02-18Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos. 2744 and 2757 of 2015 COMMON ORDER:

Questioning the forcible dispossession being resorted to by the respondent-authorities, these writ petitions are filed.

2. The common case of the petitioners is, they own agricultural lands admeasuring Ac.1-71 cents and Ac.0-79 cents in different survey numbers of Undavalli village, Tadepalli mandal, Guntur district, by virtue of different registered sale deeds. They state that their names were mutated in the revenue records and pattadar passbooks and title deeds were also issued to them. In the year 2008, they constructed buildings in some portion of the agricultural lands and the Gram Panchayat allotted house numbers and they have been regularly paying the taxes applicable. While so, the officials of respondents 2 to 4 came to their property and tried to demolish the buildings and forcibly evict them, without issuing any prior notice and without following due process of law.

3. Learned Assistant Government Pleader, on instructions, submits that a notice was issued on 06.02.2015 stating that the petitioners have constructed RCC Guest Houses and Compound Walls in their agricultural lands, and they utilised the agricultural lands for nonagricultural purposes without obtaining necessary permissions for conversion of agricultural lands into non-agricultural purposes; and the petitioners were asked to produce necessary permissions that they have, on or before 10.02.2015 in the office of Tahsildar. He denies the allegation that the officials of respondents 2 to 4 have visited the petitioners property and tried to forcibly evict them by demolishing the buildings.

4. Learned counsel for the petitioners submits that inasmuch as the

writ petitions came to be drafted on 05.02.2015 and posted on 06.02.2015 before this Court, the petitioners could not incorporate the notice dated 06.02.2015 issued by the respondent authorities. He states that the petitioners had, in fact, submitted their reply on 09.02.2015 setting out their stand.

5. Considering the rival submissions, and in view of the fact that the notice dated 06.02.2015 is only a letter seeking information from the petitioners and apparently the petitioners have submitted necessary information on 09.02.2015; upon which the respondent authorities shall pass appropriate orders in accordance with law, I am of the view that no orders as such are required in these writ petitions.

6. Accordingly, the writ petitions are closed. No order as to costs. Miscellaneous petitions, if any pending in these writ petitions, shall stand closed.

_____________________ CHALLA KODANDA RAM, J 18th February, 2015 KSM