Gadepaka Biksham, Warangal District v. The District Collector, Warangal And 2 Others

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO.12282 OF 2005 ORDER:

This writ petition is filed, seeking to declare the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioner over the hut bearing No.13-141 in an extent of 300 Sq.yards in Sy.No.393, situated in Palakurthi village and Mandal, Warangal District as arbitrary, illegal and violative of principles of natural justice as well as violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents 1 and 2 to regularize the possession of the petitioner over the said land.

2.

The case of the petitioner is that he raised a hut in portion of the Government land in Sy.No.393 to an extent of 2 1⁄2 Acres, situated in Palakurthi village, Warangal District and paying tax to the Gram panchayat and at the instance of dispossession, he filed the present writ petition on 10-06-2005 and this Court passed interim order directing the respondents not to interfere with the possession of the petitioner. Photographs and tax receipts have been filed in support of his case.

3.

The respondents filed a counter affidavit, stating that the petitioner gave a statement on 16-2-2005 before the Deputy Tahsilder, Palakurthi that the revenue officials directed him to vacate the hut, because the said land was allotted for construction of Ambedkar Community Hall and later, the petitioner has constructed a house five years back under Indiramma Housing Scheme in his own land.

4.

In view of the above submission, the writ petition is dismissed. It is needless to observe that the petitioner is at liberty to work out his remedies that are available to him under law. No order as to costs. As a sequel, the miscellaneous petitions, pending if any, shall stand closed.

_______________________ T.AMARNATH GOUD, J Date: 19-12-2017.

Shr