Poolapally Sunder Yadav S/O Late P. Balaiah Yadav v. The District Collector, Ranga Reddy District

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.5305 of 2005 Date:21.12.2015 Between:

Poolapally Sunder Yadav, Hyderabad.

Petitioner And The District Collector, Ranga Reddy District and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.5305 of 2005 Order: (Per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

Petitioner, in the instant writ petition, seeks the following relief: "For the reasons stated in the accompanying Affidavit it is prayed that this Hon'ble High Court may be pleased to issue a Writ, Order or Direction(s) essentially in the nature of Writ of Mandamus declaring the inaction of the Respondents herein in protecting the Government land to an extent of 2 Acres and 17 Guntas in Survey No.278 of Malkajagiri Village and Mandal, Ranga Reddy District, as per the Report of the Mandal Surveyor in Proceedings Dated 17-09-1996 by taking appropriate action to evict the encroachers as bad, illegal, arbitrary and unconstitutional and consequently direct the Respondents herein to evict the encroachers from Survey No.278 of Malkajagiri Village and Mandal, Ranga Reddy District and pass any such other Order or Orders as this Hon'ble High Court may deem fit, proper and necessary in the circumstances of the case."

This matter appeared before the Court during last ten years only once and, that is, on 23.3.2005. Rule was issued. No interim order of whatsoever nature was passed by this Court. Against this

backdrop, learned Government Pleader submits that the Government had taken steps against the encroachers under the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 (for short 'the Act') and orders are also passed against the encroachers. Against those orders, he submits, the aggrieved persons have filed petitions in this Court and this Court, in view of their applications seeking regularization, granted protection of their possession. Learned Government Pleader submits that they are pursuing the matter further.

In view thereof, we are not inclined to keep this matter pending further and it is disposed of as such. We, however observe that the Government shall take the action initiated by them against the encroachers to its logical conclusion.

Consequently, pending miscellaneous applications shall also stand closed. No costs.

____________________ DILIP B. BHOSALE, ACJ _________________ S.V. BHATT, J 21st December, 2015 Pnb