Sk. Mastan Sahab(Died) Per Lr-3 v. The District Collector,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1680 OF 2011 ORDER:

This writ petition is filed by the petitioners on an apprehension that the respondents 2 and 3 would dispossess them at the instance of the respondents 4 to 6 without following due process of law particularly to enable the respondents 4 to 6 to convert the agricultural land into fish ponds which is alleged to be in the possession of the petitioners. While ordering notice before admission, this Court granted an interim order on 02.02.2011 restraining the respondents from interfering with the petitioners' land. Thereafter, a further direction was given by this Court on 20.02.2014 to the petitioners to produce all the documents which the petitioners holds regarding allotment of the land, in question, to them before the Tahsildar, who shall look into them and pass necessary orders.

Learned counsel for the petitioners submits that the petitioners have already produced the necessary documents before the respondents 1 to 3 as directed by this Court and no orders as such were passed so far. While directing the petitioners to place all the documents which would support their case, this Court had already ordered that the petitioners shall not be dispossessed pending disposal of the main writ petition. Even as on today, there is no counter filed by the respondents denying the allegations made in the affidavit filed in support of the writ petition. In that view of the matter, no useful purpose would be served by keeping the writ petition pending.

Accordingly, the writ petition is disposed of giving liberty to the petitioners to challenge the orders, if any passed by the respondent No.3 or that may be passed by him. However, if no orders are passed so far, the petitioners shall be given the opportunity of hearing before passing of such orders. It is needless to mention that without passing any orders, the petitioners shall not be interfered and dispossessed from the possession of their property. No order as to costs.

Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:26.02.2015.

Gk.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.1680 OF 2011 Date:26.02.2015 Gk