V. Eswaramma W/O. V. Tirumalaiah, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 22301 OF 2016 ORDER:

This writ petition is filed seeking writ of mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners' houses in Sy.No.302, situated at Seethammanagar, Kondarajupatteda, M.R.Palli village, Tirupati Urban Mandal, Chittoor District as illegal and arbitrary and consequently direct the respondents not to interfere with the petitioners' possession over the subject property.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for respondents 1 to 3 and Sri K.S.Gopala Krishna, learned counsel for the 5th respondent.

It is the case of the petitioners that the official respondents are interfering with the possession of the petitioners at the instance of the 5th respondent-unofficial respondent. Now, counter affidavit is filed by the 3rd respondent stating as follows:

"9.It is submitted that the office bearers of Smt.Panguluru Seethamma Sathram Trust who are pattadars of the land in S.No.296 and 302 of Tirupathi have represented the Sub Collector, Tirupathi on 04.07.2016 to protect the lands in question from encroachment and to evict the existing encroachments. As per the instructions of the Sub-Collector, Tirupathi, I have visited the lands in S.No.296 and 302 of Tirupathi on 05.07.2016 along with the field staff to ascertain the present status of the lands in question but not for eviction of the encroachments."

In the above paragraph, it is clearly stated that the official respondents are not evicting the petitioners from the subject property. Learned Assistant Government Pleader for Revenue also submits that the official respondents are not interfering with the possession of the petitioners.

Recording the submission of the learned Assistant Government Pleader for Revenue and also in view of the averments in the counter affidavit, this writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 10-02-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.22301 OF 2016 Date: 10.02.2017 kvs