Anasuri Seshamma, W/O. Late Chandra Rao v. State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.41429 OF 2015 ORDER:
Heard Sri M.S.R.Subrahmanyam for petitioners and Assistant Government Pleader for Revenue.
The father of petitioners, late Anasuri Chandra Rao, during his life time in the year 1967 occupied an extent of about Acs.4.5 cents of land in S.No.31/1A1 in Medalane, Wharf Road, Kakinada and thereafter constructed a house therein. Since then, the petitioners are in possession and enjoyment of the house. The respondents without recourse to law are physically interfering with the possession and trying to dispossess the petitioners for road widening. Hence, the present writ petition is filed.
On 22.12.2015, this Court passed the following order: "Sri A.Pandu Ranga Rao, learned Standing Counsel takes notice for R6, learned Government Pleader for R & B takes notice for respondents 5 and 7 and the learned Government Pleader for Revenue takes notice for respondents 1 to 4. Apprehending that the petitioners are likely to be dispossessed of their house property for the purpose of road widening taken up by the 6th respondent, the present writ petition is filed primarily on the ground that no proceedings for acquisition is taken up.
Learned Standing Counsel for the 6th respondent seeks time to get instructions.
Post after Pongal Vacation, 2016.
Pending further orders, the petitioners shall not be dispossessed of their respective house properties as prayed for in the writ petition without giving them any notice and opportunity to file explanation.
Meanwhile, counters if any."
The respondents have neither filed counter affidavit nor sought for vacating the interim order, dated 22.12.2015. The prayer of petitioners is limited to the extent of restraining respondents from interfering with the subject house without recourse to law.
After taking note of submissions and the material available on record, I am satisfied the interim order dated 22.12.2015 can be made as final order in the writ petition. This Court has not examined the merits of the matter. If at all circumstances warrant interference with the possession or enjoyment of house by petitioners, such action be in accordance with law.
The Writ Petition is accordingly disposed of. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
________________ S.V. BHATT, J 3rd July, 2017.
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