Naviri Srinivasa Rao v. The Tahsildhar, Ponduru Mandal, Srikakulam District.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND SEVENTEEN

Present

Between:

Naviri Srinivas Rao, S/o Ramudu, Aged about 32 years, Occ: Labor, Lolugu Village & Post, Ponduru Mandal, Srikakulam District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P.Secretariat, Amaravathi, Velagapudi, Guntur District and 3 others .. Respondents The Court made the following:

ORDER:

Heard.

2.

Petitioners claim to be in occupation of the land to an extent of Ac.1.23 cents, situated at Lolugu Gram Panchayat, Ponduru Mandal, Srikakulam District. They claim that house site pattas sought to be granted to some other persons by displacing them and the said action is not valid in law. The petitioners cannot be dispossessed without following due process and since they belong to Harijan Community, they cannot be dispossessed from the subject land for assigning the same to the backward people.

3.

When specific question was posed, learned counsel for the petitioners submits that there is no proof of their occupation in the subject land. He further states that no constructions are now available in the said land, whereas the petitioners are now intending to take up constructions. 4.

The Report of the Tahsildar dated 10.08.2017, which is a basis for instituting this writ petition, would disclose that the land is idle and it is not occupied according to his report. A Harijan colony was already established in an extent of Ac.01.23 cents in Sy.No.14-2. The report also would disclose

that local enquiry was conducted and no objections were filed. A perusal of the report of Tahsildar would show that proper procedure was followed before identifying the subject land for the purpose of providing house site pattas to the persons who are eligible for grant of the same. Therefore, no interference is called for.

5. It is needless to observe that if petitioners are entitled for assignment of house site pattas, in accordance with the scheme formulated by the Government, not withstanding the dismissal of the writ petition, they are entitled to make an application. On such applications being made, the same should be considered by the authorities objectively. 6.

The writ petition is accordingly dismissed. There shall be no order as to costs.

7.

Miscellaneous petitions, if any, pending in this petition shall stand close.

____________________ P.NAVEEN RAO, J Date: 14.09.2017 dv

Date:14.09.2017 dv