Shaik Mabu, S/O. Mustafa v. Yerragondapalem Gram Panchayat

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.31129 of 2012 ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for 1st respondent.

2. Petitioners' grievance is that 1st respondent is attempting to evict the petitioners from premises admeasuring 30 sq. yds. situated near Bus Stand Centre at Yerragondapalem village and Mandal of Prakasam District at the instance of 2nd respondent.

3.

It is the case of the petitioners that 1st petitioner, who died subsequent to the filing of the Writ Petition, was running a cycle shop. He was a differently able person with post polio residual paralysis. He had set up a cycle shop with the loan of Rs.10,000/- granted by the AP State Minorities Finance Corporation Limited. Although the 1st Petitioner has died, his legal representatives are now running the shop.

4. Sri G.Seshadri, learned Standing Counsel for 1st respondent, states that 1st respondent Gram Panchayat has not interfered with the possession and enjoyment of the legal representatives of the original petitioner in the Writ Petition.

5.

In view of the said submission, the Writ Petition is disposed of directing the respondents not to interfere with the possession and enjoyment of the petitioners of the subject land where the petitioners are running a cycle shop without following due process of law.

6. The Writ petition is disposed of. No costs. 7.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 24-02-2016 kvr