J.Kotaiah v. The Tahsildar

THE HON'BLE SRI JUSTI CE C. PRAVEEN KUMAR WRI T PETI TI ON No.36820 OF 2016 ORDER:

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for respondents. With consent of the counsel appearing for both sides, the present writ petition is disposed of at the admission stage. 2.

The present writ petition came to be filed with the following prayer:

"to issue a Writ of Mandamus or any other appropriate writ, or order or direction declaring action of the 1st Respondent and their men trying to dispossess the petitioners' peaceful possession and enjoyment in respect of the property to an extent of admeasuring Ac.0.03 cents each in S.No.460/2 situated at Kondapalli Village, Krishna District, as illegal, arbitrary and violative of Article 300-A of Constitution of India."

3.

Though various grounds are raised, learned counsel for the petitioners submits that though the possession certificates were issued and that the petitioners are in possession of the property in dispute, the respondent authorities are trying to dispossess them without following due process of law.

4.

Learned Government Pleader for Revenue submits that any action going to be taken by the respondents will be in accordance with law.

CPK,J WP_36820_2016 5.

Having regard to the above, the Writ Petition is disposed of directing the respondents not to dispossess the petitioners from the property in dispute i.e., house site to an extent of Ac.0.03 cents each in S.No.460/2 situated at Kondapalli Village, Krishna District, if they are in possession, without following due process of law. Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _______________________ JUSTI CE C. PRAVEEN KUMAR Date:31.10.2016 INL