B.V.Shyam Sundar Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.37485 of 2016 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondent Nos.2 and 4 in proposing to dispossess the petitioners by demolishing their houses bearing Door No.24/1/778 (New) (24/646-Old) Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist.(1st Petitioner herein), Door No.24/1/781(New) (24/1/618-Old), Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist. (2nd Petitioner herein) Door No.24/1/777 (New) (24/1/611-Old), Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist. (3rd Petitioner herein) and Door No,24/1/780 (New) (24-646-Old) Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist.(4th Petitioner herein), which are constructed on private patta lands, without following the due procedure contemplated under law, as arbitrary and illegal and consequently direct the respondents not to interfere with the petitioners' properties.

2.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. With their consent, the present Writ Petition is disposed of at the stage of admission. 3.

Though various grounds are raised, learned counsel for the petitioners restricts his prayer seeking a direction to the respondents to follow due process of law.

4.

Having regard to the facts and circumstances of the case and without going into the merits of the case, the writ petition is disposed of directing the respondents not to dispossess the petitioners' from the subject properties i.e., Door No.24/1/778 (New) (24/646-Old) Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist.(1st Petitioner

herein), Door No.24/1/781(New) (24/1/618-Old), Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist. (2nd Petitioner herein) Door No.24/1/777 (New) (24/1/611-Old), Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist. (3rd Petitioner herein) and Door No,24/1/780 (New) (24-646-Old) Arundathipalem, Mulapet, Nellore, S.P.S.R. Nellore Dist.(4th Petitioner herein), except in accordance with law. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_______________________________ JUSTICE C. PRAVEEN KUMAR NOVEMBER 02, 2016 YVL

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.37485 of 2016 Date:02.11.2016 YVL