Nagothi Appala Swami v. The Joint Collector, Visakhapatnam

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 19465 of 2004 Date: 27.01.2015 Between:

Nagothi Appala Swami.

... Petitioner And The Joint Collector, Visakhapatnam & others.

... Respondents This Court made the following:

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 19465 of 2004 ORDER:

This writ petition was filed assailing the action of the respondents in interfering with the petitioner's alleged peaceful possession over various extents of land in Madhurawada Village, Chinagadili Mandal, Visakhapatnam District.

The petitioner claimed that he was the absolute owner and possessor of the subject land. Taking note of his submission, this Court granted interim orders on 19.10.2004 restraining the respondents from disturbing the petitioner's alleged possession except in accordance with law. However, the said order was vacated on 07.06.2005 taking note of the averments made by the Mandal Revenue Officer, Visakhapatnam (Rural), in his counter affidavit to the effect that the subject land was not owned by the petitioner but was Government land which was assigned to third parties, giving due details of the said assignees. No reply affidavit was filed rebutting these averments and it appears that the order dated 07.06.2005 vacating the earlier interim order was allowed to attain finality.

Learned counsel for the petitioner seeks an adjournment but is unable to state as to whether anything survives in the matter owing to the aforestated developments. She further submits that the petitioner has not been in contact recently.

The writ petition is therefore dismissed for non-prosecution. Pending miscellaneous petitions, if any, shall also stand

dismissed. No order as to costs.

___________________ SANJAY KUMAR, J Date: 27.01.2015 ES