Bandaru Laxmi v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE NINETEENTH DAY OF MAY TWO THOUSAND AND SIXTEEN

Present

HON'BLE SRI JUSTICE P.NAVEEN RAO Between:

Bandaru Laxmi, W/o. B. Narayana Rao, Aged about 50 years, Occ: Agriculture, R/o. Nammivanipalem Village, Chippala Zilla, Visakhapatnam.

.. Petitioner AND The State of Andhra Pradesh, Revenue Department, A.P. Secretariat Buildings, Hyderabad, Rep. by its Principal Secretariat & 4 others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

The grievance of the petitioner is that she is in possession of agricultural land to an extent of Ac.0.76 cents in Survey No.127/17 in Ashipalem (Ashinani) Village, Chipalla Mandal for more than 26 years. The petitioner is also paying 'kist'. There were Jiddi plants, Niligiri plants, Tati plants. However, illegally, the said plants were removed on 08.05.2016 at the instance of Village Revenue Officer and they started digging the soil. Without regard to the petitioner being a woman, threats were also given to her. Aggrieved thereby, the petitioner submitted a representation to the District Collector, Visakhapatnam District (2nd respondent), which was sent through post on 11.05.2016, complaining against the local Village Revenue Officer, but so far, no action is taken. The Village Revenue Officer is illegally interfering with the possession and enjoyment of the land of the petitioner.

2. Learned counsel for the petitioner fairly submits that since a representation is already submitted, the petitioner would be satisfied if a direction is issued to the District Collector, Visakhapatnam District (2nd respondent) to pass orders on the said representation.

3. As seen from the copy of the representation filed, it was sent by post only on 11.05.2016 and the District Collector cannot be expected to act upon such representation within few days of making such representation.

4. Having regard to the submissions made by the learned counsel for the petitioner, the Writ Petition is disposed of, without expressing any opinion on merits, directing the District Collector, Visakhapatnam District (2nd respondent) to consider the prayer of the petitioner in the representation, dated 11.05.2016, and pass appropriate orders as expeditiously as possible, preferably within a period of six (6) weeks from the date of receipt of copy of this order. If the petitioner is in possession of the subject property, the petitioner should not be evicted till the orders are passed by the District Collector on the representation, dated 11.05.2106. The petitioner shall not alter the physical features of the land till the orders are passed by the District Collector. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________________ JUSTICE P.NAVEEN RAO Date: 19.5.2016 Note:- Furnish C.C. tomorrow.

B/O AMD/KL

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 19th May, 2016

AMD/KL