M.Kariyanna, S/O. M.Chittappa v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.39830 of 2015 BETWEEN M. Kariyanna.

... PETITIONER AND The Tahsildar, Amarapuram Mandal, Anantapur District and another. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 28.12.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner complains that the first respondent is interfering with his possession and enjoyment of Ac.2.60 cents in Sy.No.175/2A of Thammadepalli Village, Amarapuram Mandal, Ananthapur District, which is under cultivation of the petitioner for the last 20 years.

2. Learned Government Pleader has received instructions, which state that the first respondent has personally inspected the land and enquired into the matter and confirms that the then Mandal Revenue Officer granted license to two persons including petitioner for agricultural purpose. The instructions further state that as per the RSR the said land is classified as Government Poramboke i.e. Vanka Poramboke. The other aspects are also mentioned, which are not relevant for the purpose of deciding the writ petition.

3. Suffice it, however, to find that, as on today, petitioner, being, admittedly, in possession, if any action is intended to be taken against him, the first respondent will have to follow the due process of law viz. giving of notice, opportunity to submit explanation and thereafter, take appropriate decision in the matter.

The writ petition is disposed of directing the first respondent not to interfere, except after following due process of law, if any action is intended to be taken against the petitioner. As a sequel,

the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J December 28, 2015 DSK