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High Court for State of TelanganaWP/27522/2015disposed of no costs

Karanam Penta Rao, S/O.Late K.Appala Naidu, v. The State Of Andhra Pradesh Represented By Its Principal

2015-09-11Vilas V.Afzulpurkar3 pages

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR Writ Petition No.27522 of 2015 ORDER:

Heard.

The petitioner claims to be the owner of Ac.0.32 cents of land in survey No.179/20 of Lankelapalem Village, Parvada Mandal, Visakhapatnam District. Alleging that respondent Nos.4 and 5 are interfering with the said land without following the due process of law, the present writ petition is filed. The instructions received by the learned Government Pleader show that the petitioner and his brothers allegedly grabbed Ac.0.30 cents of adjacent land belonging to the Zilla Parishad High School, Lankelapalem, against which the Head Master and Chairman made a complaint on 27.07.2015. Thereupon, a spot inspection was made and a survey was conducted with regard to the said land, which was found to be part of survey Nos.179/16 and 15P of Lankelapalem Village and that BC Hostel Buildings covered in survey Nos.179/20 and 21P. It is further stated that the petitioner obtained pattadar pass books and title deeds by misrepresentation with regard to land in survey No.179/20 of Lankelapalem Village, for which appropriate action is being initiated.

It is obvious that there is no interference with the petitioner's possession over the land claimed by him in survey No.179/20 and as on today, no action is initiated against him.

Hence, to the extent of the said land admeasuring Ac.0.32 cents in survey No.179/20 of Lankelapalem Village, the 3rd respondent shall not take any coercive action against the petitioner except after following due process of law by issuing a notice to him and then giving an opportunity to submit explanation.

The writ petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J Date: 11.09.2015 GJ HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR

Writ Petition No.27309 of 2015 11-09-2015 GJ