S.Nagamani, v. The District Collector,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 9521 of 2011 ORDER:

Heard learned counsel for the petitioners and learned counsel for the respondents. With the consent of both the parties, the writ petition is disposed of at the admission stage itself.

The present writ petition came to be filed to declare the action of respondent Nos. 3 and 4 in refusing to mutate the name of the petitioners in the revenue records and threatening to evict the petitioners without any notice on the ground that the lands are Government lands, as illegal and arbitrary and consequently direct the respondents not to dispossess the petitioners from their respective lands before taking up mutation proceedings. The petitioners claim themselves to be owners of various extents of lands situated in Survey Nos.154, 154/1, 155, 156, 157, 205 and 207 of Munagalapadu Village and Gram Panchayath, Kurnool Mandal and District under various registered sale deeds.

Learned counsel for the petitioners mainly submits that though the petitioners are having title over the lands, respondent Nos.3 and 4 are trying to interfere with the lands on the ground that they are Wakf property, thereby refusing to mutate the names of the petitioners in the revenue records. Learned counsel for the respondents opposed the same contending that there is enough material on record to show that the lands in dispute are Wakf property and that the petitioners have no right or title over the said property. Though various grounds are raised in the affidavit, learned counsel for the petitioners restricts his prayer seeking a direction to the respondents not to interfere with the lands of the petitioners, without following due process of law. Though he sought for mutation of the names of the petitioners in the revenue records, learned counsel for the petitioners says that he will avail the remedy available under law insofar as the said request is concerned.

Having regard to the circumstances stated above and without going into the merits of the case, the present writ petition is disposed of by directing the respondents not to dispossess the petitioners, without following due process of law, since the petitioners claim themselves to be the owners of the lands in Survey Nos. 154, 154/1, 155, 156, 157, 205 and 207 of Munagalapadu Village and Gram Panchayath, Kurnool Mandal and District. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________________ JUSTICE C. PRAVEEN KUMAR 11.08.2015 vhb