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High Court for State of TelanganaWP/25363/2017dismissed

Chintagunta Subulu, v. The State Of Andhra Pradesh,

2017-07-31P Naveen Rao3 pages

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 25363 OF 2017 DATE OF ORDER: 31.07.2017 Between:

Chintagunta Subulu S/o Lakshmaiah and 21 others ....Petitioners A n d The State of Andhra Pradesh represented by its Principal Secretary Revenue Department, Velagapudi Guntur District and four others ....Respondents

HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 25363 OF 2017 ORDER:

Petitioners claim that they are lease holders of Government land in S.Nos. 17,18,19 and 20 in Muddurupadu Village, Kavali Mandal, SPS Nellore District.

2.

This Writ Petition is filed praying for declaration of the action of the respondents in dispossessing the petitioners from lands in above mentioned survey numbers to an extent of Ac. 19.79 cents without following due process.

3.

Heard learned counsel for petitioner, learned Standing Counsel for Municipalities for 5th respondent and learned Assistant Government Pleader for Revenue for the State of Andhra Pradesh. 4.

Material on record particularly Tahsildar report dated 26.12.2015 would disclose that the subject lands were not been put to use for cultivation and they are idle. In order to prevent encroachments on the said land and protect the Government land, the District Collector, SPS Nellore District ordered to take possession of the land. The Tahsildar, Kavali also states that the said land can be utilized for construction of houses. Perusal of the representations submitted by the petitioners would also disclose that they were already dispossessed and requested the District Collector, SPS Nellore to grant possession to them 5.

Thus, the prayer of the petitioners that they should not be dispossessed from the subject land cannot be granted as they were already dispossessed from the subject land and the land was

already vested in the Government. Leaving it open to petitioners to work out their grievances, if any, ventilated by them in the Writ Petition, Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

______________________ P. NAVEEN RAO, J Date: 31.07.2017 KA