Vemula Ramana Guntur Dist And 30 Others v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.29576 AND 30151 OF 2017 Dated:08.09.2017 W.P.No.29576 of 2017 Between:

Kumba Anjamma, W/o. Venkateshwarlu, Age 40 years, R/o.Ward No.29, D.No.18-785/2, Lenin Nagar, Piduguralla Town, Guntur District, Andhra Pradesh and others .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, (Revenue Department), Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.29576 AND 30151 OF 2017 COMMON ORDER:

Petitioners in these two Writ Petitions contend that they were assigned house pattas, constructed houses and are living in those houses in Ward No.29 of Lenin Nagar, Piduguralla Town, Guntur District. While so, the respondent authorities are trying to dispossess the petitioners without following due process of law, without any justification and in arbitrary exercise of power and authority causing them hardship and suffering. 2.

According to learned counsel for the petitioners, the petitioners have been living in Lenin Nagar for the past 25 years. 3.

Learned Assistant Government Pleader for Revenue, on instructions, submits that on primary verification, it was found that some of the petitioners were granted pattas and persons in whose favour pattas were granted, no action is proposed. According to the primary assessment, there are certain illegal encroachments by the persons and the action proposed is only against such illegal encroachments. However, on instructions, she fairly submits that field inspection would be conducted and on due verification of the relevant records, action would be taken only against encroachers by following due process of law. 4.

Having regard to the said submissions, the apprehension expressed by the petitioners is answered and there is no cause for concerne at this stage.

5.

However, the Tahsildar shall widely notify in Ward No.29, Lenin Nagar, about the date of field inspection in advance and on the date fixed by him for field inspection, the persons, who are claiming to be living in Lenin Nagar, shall present themselves with all the supporting documents to satisfy the Tahsildar that they are validly granted pattas and are in occupation of the plots granted to them. The Tahsildar shall verify all the documents presented and after thorough scrutiny, shall take further course of action, as warranted by law. Until such exercise is undertaken and appropriate decision is taken, no coercive action shall be taken against the petitioners. After verification of all the documents and field inspection, the Tahsildar shall pass a reasoned order and communicate the said decision to each of the petitioners. 6.

The Writ Petitions are accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petitions shall stand closed.

____________________ P. NAVEEN RAO, J Date:08.09.2017 KH