Bogyam Malakondaiah v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE S.V.BHATT W.P. No.17325 OF 2017 ORDER:

The petitioners pray for the following relief: "... Writ of Mandamus, declare the action of the 4th respondent in interfering with the peaceful possession and enjoyment of House belongs to the petitioners surrounded by compound wall in an extent of Ac. 0.15 cents in Sy.No.114/1 of Bogyamvaripalli village H/o. Vempadu, Varikuntapadu Mandal, Sri Potti Sriramulu Nellore District for the purpose of providing access to the residents in Sy.No.115/4 and 115/5115 without issuing any notice and without following due process of law is arbitrary, unreasonable and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of house of the petitioners surrounded by compound wall in an extent of Ac. 0.15 cents in Sy.No.114/1 of Bogyamvaripalli village, H/o. Vempadu, Varikuntapadu Mandal, Sri Potti Sriramulu Nellore District...".

On 25.05.2017, this Court directed the parties to maintain status quo regarding possession of the subject matter of writ petition.

The learned Assistant Government Pleader (Revenue) places on record written instructions dated 09.06.2017, which read thus: "In the meanwhile, it is submitted that the Gram Panchayat, Bhogyamvaripalli village represented by its panchayat secretary in his letter dated 25.05.2017 has informed that the Grampanchayat concerned is going to take steps to provide passage as per law in the village site poramboke land and the Gram panchayat, Bhogyamvaripalli has passed resolution to that above effect and the Gram Panchayat has also issued notice to the writ petitioners in this regard. Copies of the same are enclosed.

It is eventually submitted that this respondent has not issued any notice to the writ petitioners and this respondent never interfered with the land of the petitioners. If at all necessary, action will be taken

by this respondent in this case by following due process of law. Hence the contention of the writ petitioners that this respondent has intervened in this matter is false and baseless and hence the writ petition merits no consideration."

From the above, it is clear that the Revenue Department is not interfering. Therefore, by placing on record the statement of 4th respondent, the writ petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT,J Date: 09.06.2017 Stp