Dubasi Ramamurthy v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.27160 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 4th respondent in interfering with the peaceful possession and enjoyment of the land admeasuring Ac.0.28 cents situated at Sy.No.46/3A of Chandragiri Village and Mandal, Chittoor District, of the petitioner without following due process of law, as illegal and arbitrary. The grievance of the petitioner is that his wife D. Malleswari was assigned D Form patta for the land admeasuring Ac.0.28 cents situated at Sy.No.46.3 of Chandragiri Village and Mandal, Chittoor District on 5.12.1992 and since then onwards, the petitioner along with his wife have been in possession and enjoyment of the same. It is also stated that the name of the wife of the petitioner was mutated in the revenue records. While so on 9.12.2017 the original assignee i.e.

the wife of the petitioner D. Malleswasri died and thereafter, the petitioner became the owner of the subject land. When the petitioner tried to fence his land, the 4th respondent along with his officials approached the land of the petitioner and obstructed him from doing so. Immediately thereafter, the petitioner submitted a representation to the 4th respondent on 25.7.2018 enclosing all the relevant documents viz. Village Map, 1B Namoona, copy of Adangal Pahani and pattadar passbook, requesting him not to interfere with his property, but, the 4th respondent did not take any action so far.

Though various grounds are raised, learned counsel for the petitioner restricts the prayer seeking a direction to the 4th respondentTahsildar, to consider the representation dated 25.7.2018, in accordance with law, and a direction to the 4th respondent not to interfere with his property.

When the matter is taken up for hearing, the learned Government Pleader for Revenue submits that the writ petition may be disposed of directing the respondent-authorities to dispose of the representation of the petitioner, in accordance with law.

Having regard to the facts and circumstances of the case and in view of the submission made by the learned Government Pleader for Revenue, the writ petition is disposed of directing the 4th respondent to consider and pass appropriate orders on the representation dated 25.7.2018 of the petitioner, in accordance with law, as early as possible preferably within a period of eight to twelve weeks from today, after giving the reasonable opportunity of hearing to the petitioner and all the concerned. It is needless to say that any action by the respondents shall be in accordance with law.

With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:17.08.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.27160 OF 2018 Date:17.08.2018 Gk