Maturu Ramanamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.40897 OF 2018 Date:16.11.2018 Between:

Maturu Ramanamma, W/o. Maturu Demudu, Aged 48 years, R/o. 57th Ward, Gangavaram Village, Sabbavaram Mandal, Visakhapatnam District and others .. Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Department of Revenue, Secretariat Buildings, Thulluru Mandal, Amaravathi, Guntur District and others .. Respondents This Court passed the following order:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.40897 OF 2018 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

2.

Petitioners claim that they are in possession and enjoyment of land to an extent of Acs.117.75 cents in Survey No.57 part, 58 part and 38 part and Acs.19.80 cents situated at Gangavaram Revenue Village, Sabbavaram Mandal, Greater Visakhapatnam District. Petitioners now allege that they are sought to be dispossessed from the subject land without following due process. 3.

According to learned counsel for petitioners, the Government proposed to develop a Satellite Township and for the said purpose, issued a notification dated 20.07.2016 to acquire land in Survey Nos.51, 52 and 91 to an extent of Acs.250.00 at Nanginarapadu Village, Sabbavaram Mandal and Survey Nos.20, 57, 58 and 59 to an extent of Acs.460.00 of Gangavaram Revenue Village, Sabbavaram Mandal. Though notification does not contain the land of the petitioners, their land also sought to be taken. 4.

Several documents are filed in support of the claim of the petitioners and also decision of a learned Single Judge of this Court in W.P.No.26876 of 2018, dated 03.08.2016. A reading of the several representations alleged to have been made by Nanginarapadu and Gangavaram Poor Persons - Farmers Welfare Association, the Association referred to the lands in Survey Nos.51, 52 and 91 of Nanginarapadu Revenue Village and Survey Nos.20, 57, 38 and 59 of Gangavaram Revenue Village and at no where the

survey numbers in which the petitioners claim that their land is situated are mentioned. In fact, when W.P.No.26876 of 2018 was filed alleging dispossession from the land in survey numbers mentioned in that Writ Petition, the Court held that such grievance is premature and disposed of the Writ Petition. 5.

Except filing of the representations and the earlier orders of this Court, no other material is placed on record to show that the land of the petitioners is sought to be taken possession without following due process. Thus, no cause is made out by the petitioners. Hence, the Writ Petition is liable to be dismissed. 6.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to work out their remedies, if their land is sought to be acquired without following due process. There shall be no order as to costs. Pending Miscellaneous Petitions, if any, shall stand closed.

____________________ P. NAVEEN RAO, J Date:16.11.2018 KH