Lalam Usha Lakshmi v. The Government Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.42008 OF 2018

O R D E R

The case of the petitioners is that the 4th respondent - Tahsildar issued pattas to the petitioners and they have been in possession of the respective plots measuring 60 sq. yards each, bearing plot Nos. 1 to 17 respectively, situate in Sy.No.128/ 1 of Duvvada village, Gajuwaka Mandal, Visakhapatnam District for the past ten years. Their grievance is that without issuing any notice and following the procedure contemplated under law, the respondents are interfering with their possession. Hence, the writ petition.

Heard the learned counsel for the petitioners. Learned Assistant Government Pleader for Revenue, on instructions, denied the allegation of the petitioners and submitted that if the subject land is required for public purpose, respondents would follow the due procedure.

Sri S.Lakshminarayana Reddy, learned Standing Counsel, appearing for respondents 5 and 6 - Municipal Corporation, submits that petitioners cannot make constructions in the subject land, without permission from the Municipal Corporation.

Having regard to the facts and circumstances of the case and the submissions of the learned counsel, writ petition is disposed of directing the respondents 1 to 4 not to dispossess the writ petitioners from the subject land, without following the due procedure under law.

If the petitioners make any constructions in the subject lands in violation of the provisions of the Hyderabad Municipal Corporation Act, 1965, it is always open for the competent authority to take appropriate action in accordance with law.

Interlocutory applications pending, if any, shall stand closed. No costs.

-------------------------------------------- A.RAJASHEKER REDDY,J DATE:22-11-2018 AVS