Andhra Pradesh High Court - Amravati
S.Mabu Saheb vs The State Of Andhra Pradesh, on 8 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.7688 of 2015
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"to issue any writ or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondent No.4 herein in threatening to dispossess the petitioner from his lawful possession in respect of the land in Sy.No.245 admeasuring Ac.0.17 cents situated at Korrapoluru village, Gadivemula Mandel, Kurnool District, without issuing any notice and following the procedure contemplated under the Law, as being illegal, arbitrary, contrary to Law and consequently direct the 2nd respondent to give directions to the 4th respondent not to interfere with the possession and enjoyment of the petitioner in respect of the above said land in any manner, and pass such other orders".
2. On 25.03.2015, when the writ petition came up for admission, this Court granted interim direction as prayed for by the petitioner directing the respondent No.4 not to dispossess or in any manner interfere with the peaceful possession and enjoyment of the petitioner in respect of the land in Sy.No.245 admeasuring Ac.0-17 cents situated at Korrapoluru Village, Gadivemula Mandal, Kurnool District, pending disposal of the writ petition. 2
3. Today, when the matter came up for hearing, learned counsel for the petitioner limited his request to direct the respondent authorities not to dispossess the petitioner from the subject land, without following due process of law, without touching the merits of the case.
4. On the other hand, learned Government Pleader for Revenue, on instructions, would submit that if at all the respondents intend to dispossess the petitioner from the subject land, they will follow the due process of law.
5. In view of the above submission made by the learned Government Pleader for Revenue, instead of going into the merits of the case, it is suffice to issue a direction to the respondent authorities not to dispossess the petitioner from the land in Sy.No.245 admeasuring Ac.0-17 cents situated at Korrapoluru Village, Gadivemula Mandal, Kurnool District, if he is in possession as on today, except by following due process of law.
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6. With the above direction, the Writ Petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA Date : 08.11.2022 ARR 4 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.7688 of 2015 Date : 08.11.2022 ARR