Sulochana Laxman Varma v. The Government Of Andhra Pradesh,

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.20259 of 2012 ORDER:

Heard Mr. P.Kesava Rao, learned counsel appearing for the petitioners, at length.

2. The petitioner prays for the following relief: "....writ of Mandamus, declaring the action of the respondents in attempting to dispossess the petitioners from their land/plots shown in Green colour in the Plan/Layout (Plot Nos.267 to 270, 277 to 287 and 290 to 423 i.e., total extent is about Ac.2.00 guntas in Sy.No.160, situated at Kapra Village, Keesara Mandal, Ranga reddy District), without issuing any notice and without issuing any proceedings under the mandatory provisions of the Land Acquisition Act, as arbitrary, illegal, violation of principles of natural justice, apart from violation of Articles 14 and 300-A of the Constitution of India."

3. The 3rd respondent filed counter-affidavit. The operative portion of the counter-affidavit in paras 2, 7 to 9, reads as follows: "2.In reply to para 2 of the affidavit, it is submitted that this respondent has never dispossessed the petitioners from the land in Sy.No.160 of Kapra Village of Keesara Mandal. Hence the question of giving notice to petitioners does not arise.

7. In reply to para 9 of the affidavit, it is submitted that this respondent has not initiated any land acquisition proceedings pertaining to the land in Sy.No.160 and not interfered into Sy.No.160. Hence, the question of dispossession of petitioner from Sy.No.160 does not arise.

8. It is submitted that protection of Government land is the primary duty of this respondent and his men. As part of duty only this respondent protected the government land in Sy.No.710/1 and never interfered into Sy.No.160. Hence dispossession of petitioner from

Sy.No.160 as alleged by petitioner is not true.

9. It is submitted that, this respondent has never interfered into Sy.No.160 and never initiated proceedings for acquiring Sy.No.160. The petitioners having patta land in Sy.No.160, trying to encroach the adjacent government land in Sy.No.710/1 to an extent Ac.3.11 gts. There are no merits in the writ petition and the same is liable to be dismissed."

4. Mr. P. Kesava Rao, learned counsel for the petitioners, having regard to the statement of the 3rd respondent that the respondents are not interfering or intending to interfere with the possession and enjoyment of the petitioners to the extent of land in Sy.No.160, Kapra village, Keesara Mandal, is concerned, has not pressed the writ prayer and requests the court to close the writ petition.

5. By placing the stand taken in the counter-affidavit of the 3rd respondent on record, the writ petition is closed. No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence.

____________ S.V.BHATT, J Date: 20.07.2016 BSS HON'BLE SRI JUSTICE S.V. BHATT

Writ Petition No.20259 of 2012 Date: 20.07.2016 BSS