Andhra Pradesh High Court - Amravati
Mandalanka Salman Raju, vs The State Of Andhra Pradesh, on 2 December, 2019
Author: M. Satyanarayana Murthy
Bench: M. Satyanarayana Murthy
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THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.18997 of 2019
ORDER:
This Petition, under Article 226 of the Constitution of India to issue a Writ of Mandamus, is filed by the petitioners, questioning the action of the respondents in interfering and threatening with the illegal dispossession of the petitioners from the land of an extent of Ac.2.50 cents in R.S.No.47, 81 and 34 of Saripalli Village, Ganapavaram Mandal, West Godavari District, without considering their representation dated 18-10-2019 and without following due process of law, and declare the same as illegal, consequently direct the respondents not to interfere and threaten to dispossess these petitioners from the land referred above.
Though several allegations are made against the respondents while asserting that the petitioners are in possession and enjoyment of the property since long time for the last 60 years, this land is classified as 'Gramakantam' as per the revenue records, and made an application to the District Collector for grant of assessment, but no orders have been passed. However, Sri Koti Reddy Idamakanti, learned Standing Counsel for Panchayats contended that the representation of the petitioners for grant of assignment in their favour was rejected by the District Collector and they are ready to take appropriate action in accordance with law. 2
Learned Government Pleader for Panchayat Raj also submitted that they are ready to take appropriate action in accordance with law.
In view of the submissions made by Sri Koti Reddy Idamakanti, learned Standing Counsel for Panchayats and the learned Government Pleader for Panchayat Raj, it is appropriate to direct the respondents not to interfere to dispossess the petitioners, if they are in possession of the property, except by due process of law. This order will not preclude the respondents from taking appropriate action in accordance with law.
With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 02-12-2019 IS 3 HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION No.18997 of 2019 Date: 02-12-2019 IS