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High Court for State of TelanganaWP/17781/2011dismissed

S. Eswara Rao, v. The District Collector, Visakhapatnam District,

2015-07-06C.Praveen Kumar4 pages

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17781 of 2011 ORDER:- Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. With the consent of both the parties, the main writ petition is heard at the admission stage itself.

The averments made in the affidavit filed in support of the writ petition are that the petitioner purchased land admeasuring Acs.2.70 cents situated in Survey No.430/3 of Pedamushidivada Village, Gajuwaka Mandal, Visakhapatnam District, from one Dandu Venkateswarlu, under a registered sale deed dated 23.11.1994, and since then he is in possession and enjoyment of the same. The averments in the writ petition also disclose that the name of the petitioner was also mutated in the revenue records and a pattadar passbook was issued by the 2nd respondent. While things stood thus, the revenue authorities are threatening to evacuate the petitioner from the possession of the said land. Questioning the same, the present writ petition is filed.

The learned Government Pleader for Revenue, on instructions, submits that the questioning of evacuating the petitioner from the possession of the land does not arise without following the due process of law.

Having regard to the circumstances stated above and taking into consideration the submission made by the learned counsel for the petitioner that the petitioner is in possession and enjoyment of the land since 1994, the present Writ Petition is disposed of, by directing the respondents not to take any coercive steps against the petitioner,

except in accordance with law. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed.

__________________ C. PRAVEEN KUMAR, J 6th July, 2015 cbs

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 17781 of 2011

6th July, 2015 cbs