Vanthala Nageshwara Rao Jilledi v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27599 OF 2017 Dated:21.08.2017 Between:

Vanthala Nageshwara Rao Jilledi, S/o. Lachanna, aged about 40 years, Occ: Agriculture, R/o. Chompi Village, Paderu Mandal, Visakhapatnam District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue Department, Amaravati, Krishna District, Andhra Pradesh and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27599 OF 2017 ORDER:

Petitioner claims that his grand father was in possession of land to an extent of Acs.3.00 in Survey No.20/1 of Chompi Village, Paderu Mandal, Visakhapatnam District. According to petitioner, in 2014 Cyclone, boundaries were disturbed and the petitioner could not cultivate the said land till 2017. While so, respondents 7 to 14 attempted to evict the petitioner from his land and occupy the same. The grievance ventilated by the petitioner is not attended by the authorities concerned against such encroachments. According to the petitioner, the Sarpanch, Chompi Village, Paderu Mandal, Visakhapatnam, the 15th respondent, conducted enquiry and according to his report, it is clear that the petitioner is in possession and enjoyment of the subject property. Alleging inaction, this Writ Petition is filed. 2.

The prayer sought in the Writ Petition is to direct respondents 3 to 6 to take appropriate action against respondents 7 to 14 according to letter dated 25.06.2017. 3.

The averments made in the affidavit filed in support of the Writ Petition would prima facie disclose that there is a dispute between the petitioner and respondents 7 to 14. It appears that respondents 7 to 14 are already in possession of the subject land. However, no other material is filed except relying on the report of the Sarpanch to contend that the petitioner is in possession of the subject land. Having regard to the same, this Court cannot go into

the disputed questions of fact. The Writ Petition is liable to be dismissed.

4.

The Writ Petition is accordingly dismissed leaving it open to the petitioner to work out his remedies as available in law. There shall be no order as to costs.

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

____________________ P. NAVEEN RAO, J Date:21.08.2017 KH