S. Joystna Devi v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.18613 OF_2018 ORDER:

Heard Mr.P.Narahari Babu for petitioners and the Assistant Government Pleader (Assignment) for respondents. The petitioners pray for the following relief: "...this Hon'ble Court may be pleased to issue an order writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India questioning the action of the respondents in seeking dispossession of the petitioners from their house site patta land bearing Plot No.39 measuring 0.02 Sq.yard and plot No.40, 41, 42, 43 measuring 0.011⁄2 cents 30 X 50 square yards/Sq.meters each in Survey No.121 in Kakkalapalli Village, Anantapur Mandal, Anantapur District, without following any procedure known to law as illegal and without jurisdiction and against to principles of natural justice and violative of Article 14, 19(1)(g), 21 and 300-A of Constitution of India and pass......"

The petitioners in support of the grant of assignment in their favour rely on the assignments granted on 25.02.2008. The Assistant Government Pleader, on instructions, submits that though there is no record maintained in the office of respondent No.3 in respect of assignments made in favour of petitioners, but on enquiry by the present Tahsildar with the predecessor disclosed that the assignments were made by the then Tashsildar of Anantapur Mandal. It is further stated that the respondents, if seek cause of action and permissible grounds to recall the assignment, the respondents would follow the procedure stipulated by law and till such time, the possession of petitioners of

small extents of house plots is not disturbed. The statement is placed on record.

The writ petition is, accordingly, disposed of. There shall be no order as to costs.

Pending miscellaneous petitions, if any, stand closed. ___________ S.V.BHATT, J 08th June, 2018 Lrkm