S. Rama Subba Reddy v. The District Collector, Kadapa.

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.11845 of 2005 ORDER:

Heard the learned counsel for petitioner. None appears for the respondents.

2. The petitioner states that he is the owner and possessor of land to an extent of Ac.5.32 cents in survey No.360 of Godlaveedu village, B.Mattam Mandal, Kadapa District. The petitioner purchased the said property, which was originally ancestral property. The petitioner was issued Pattedar passbooks and title deeds under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. While so, the petitioner received a notice from the Mandal Revenue Officer on 05.11.2004 stating that one Siddu Naramma W/o. Subba Reddy filed a complaint stating that the lands got registered illegally and pattedar passbooks were obtained. The petitioner was asked to attend the enquiry on 22.11.2004.

The petitioner attended the enquiry on 22.11.2004.

Thereafter the petitioner received a notice from the Revenue Divisional Officer on 16.02.2005 stating that a land dispute in survey No.360 to an extent of Ac.5.32 cents was received by para legal assistance of VELUGU programme and a report is called for and hence, he decided to hold a public hearing on 22.02.2005. The petitioner attended the enquiry and produced all the relevant records. The Revenue Divisional Officer also did not pass any order. Without passing orders, when the respondents 2 and 3 directed the petitioner to vacate the land, the present Writ Petition is filed.

3. This Court by order dated 07.06.2005 granted interim stay and the said order is in operation till today. Even after nine years, no counter

affidavit was filed on behalf of the respondents 2 and 3.

4. In the circumstances, this Writ Petition is disposed of directing the respondents 2 and 3 not to interfere with the petitioner's land and if the petitioner's land is needed for any public purpose, under any law, the respondents 2 and 3 should follow due procedure established by law before asking the petitioner to vacate the land. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 16.02.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

WRIT PETITION No.11845 of 2005 Date: 16.02.2015 MVA