Nellore Poornachandra Rao v. The State Of A.P.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.41826 OF 2016 ORDER:

The case of the petitioner is that he is a poor person and eking out his livelihood by doing daily wage works and approached the revenue officials requesting to allot house site to him and that the officials have informed the petitioner to search for a government site so as to enable them to allot the same to him. In the said process the petitioner brought to their notice about the vacancy of the house site admeasuring Ac.0.04 1⁄4 cents or 25 Ankanams in Survey No.219-1B, situated at Mallipadu Village, Indukurpet Mandal, SPSR Nellore District which was allotted to his relative Nellore Subba Ramaiah and about his death. Then the revenue officials have informed him to take possession of the said house site and construct a house.

Pursuant to the assurance given by the revenue officials that they would issue patta at the earliest, the petitioner has taken possession of the said house site and constructed a small house and residing therein along with his family and also paying property tax to the Gram Panchayat. The petitioner also got incorporated his name in the Pallipadu Gram Panchayat office. While so, when the 3rd respondent is trying to dispossess the petitioner from the said site, the petitioner filed present writ petition.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

In view of the aforesaid facts and circumstances, the writ petition is disposed of directing the respondents not to dispossess the petitioner from the subject land without following due process of law. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. ____________________________ A.RAJASHEKER REDDY, J 17.01.2017 t k.