Palepu Ram Babu, v. The State Of Andhra Pradesh

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN I.A.No.1 of 2018 IN/AND WRIT APPEAL No.703 of 2018 COMMON ORDER: (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) This appeal stands with an application seeking condonation of delay.

We have heard the learned counsel for the appellants on the merits of the appeal.

The 5th respondent is alleged to have trespassed into an item of land which, according to the petitioners, belonged to their late grandmother. On the strength of the assignment stated to have been made in favour of the petitioners' grandmother, a direction was sought to evict the 5th respondent in terms of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. The learned Single Judge rightly relegated the appellants - writ petitioners to the Civil Court, since it is essentially, a request for recovery of possession from a trespasser.

We do not find any legal infirmity or jurisdictional error in the order passed by the learned Single Judge. Therefore, we do not see any ground to condone the delay either.

The application seeking to condone the delay and the writ appeal are accordingly dismissed. No order as to costs. As a sequel thereto, Miscellaneous Applications, if any, pending stand dismissed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ _____________________________________ RAMESH RANGANATHAN, J July 13, 2018.

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