G.Saraswathi v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 33828 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents 2 to 4 in interfering with the construction activity carried out by the petitioners in the house sites belonged to them in an extent of ac.0.02 cents each in Sy.No.351/ 6 of Pulivendula Town and Mandal, Y.S.R. District, at the instance of respondent No.5, as arbitrary and illegal.

2) The averments in the affidavit filed in support of the writ petition would show that the petitioners were allotted house sites in the land referred to above, vide proceedings dated 20.01.2016. It is said that when the petitioners are trying to construct houses in the said house sites, respondent No.5 seems to have approached respondent No.2 stating that the land admeasuring Ac.0.17 cents in Sy.No.351/ 4 and Ac.0.49 cents in Sy.No.351/ 6 of Pulivendula Town, has been handed over to them, for usage of the said place as a play ground in the year 2010 itself and as such, requested the authorities to take action. It is said that the respondent No.2 called for a report from respondent No.4 about the status of the land and basing on the said report, the authorities prevented the petitioners from proceeding with the construction. Hence, the writ petition.

3) The Government Pleader for Revenue (AP), on instructions, states that the authorities directed the 5th respondent to produce the documents showing their possession, but till date the same is not produced. Having regard to the above, the Government Pleader denies the involvement of the official respondent with regard to construction of the houses.

4) Recording the said statement, the writ petition is closed. However, the official respondents are always at liberty to initiate action against the petitioners, in accordance with law and if the petitioners are aggrieved by the involvement of the un-official respondents, it is always open to them to take appropriate remedy available under law.

5) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.

_________________________ JUSTICE C. PRAVEEN KUMAR 26.09.2018 gkv