Andhra Pradesh High Court - Amravati
Smt. B. Noorjahan Begum, Kurnool ... vs The District Collector 3 Others on 31 July, 2019
Author: C. Praveen Kumar
Bench: C.Praveen Kumar, M.Satyanarayana Murthy
THE HON'BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR
AND
THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY
W.A.No.2029 of 2005
JUDGMENT:{Per the Hon'ble the Acting Chief Justice C. Praveen Kumar}
1. With the consent of both the parties, the main writ appeal is being disposed of.
2. Assailing the order dated 16.9.2005 passed by the learned single Judge of the erstwhile High Court of Andhra Pradesh at Hyderabad in W.P.No.18449 of 2005, this writ appeal came to be filed.
3. The facts in issue are as under:
The petitioner made a representation dated 21.2.2004 to the Mandal Revenue Officer, for fixing boundaries of the land occupied by her husband in Sy.No.178 of Kosigi village. It is stated that she constructed a shop where her husband is carrying on watch repair, after obtaining necessary electricity connection. After considering the representation of the petitioner, the Mandal Revenue Officer issued a possession/occupation certificate on 28.2.2004, based on which, the petitioner applied to A.P. State Housing Corporation Limited for sanction of housing loan during 2003-2004 and the same was sanctioned. However, due to ill-health of her husband, the house could not be constructed. The 3rd respondent issued a notice to the petitioner on 19.7.2005 asking her to submit necessary documents regarding the land in Sy.No.178 of Kosigi village. It is stated that the 3rd respondent initiated action on the instructions of the 2nd respondent for eviction of the petitioner without conducting any enquiry and without taking any action on the representation submitted by the petitioner on 12.8.2005 to respondents Nos.2 to 4. Aggrieved by the same, the writ petition came to be filed. 2
4. At the time of admission of the writ petition, the learned Standing Counsel for the 4th respondent submitted that the petitioner and her husband occupied the land in Sy.No.178 belonging to Sri Anjaneya Swamy Temple, Kosigi, and in the meeting convened by the Mandal Revenue Officer at Kosigi, in which the petitioner and members of the temple committee participated, the petitioner's husband agreed to vacate the subject land and sought time for shifting the material. After expiry of the time, the Mandal Revenue Officer issued proceedings directing the Panchayat Secretary to take action for vacating the petitioner from the subject land. As the petitioner's husband agreed to vacate the land, the writ petition was dismissed by the learned single Judge. Aggrieved by the same, the present appeal came to be filed.
5. At the time of hearing, the learned Counsel for the appellant-writ petitioner would submit that in view of the undertaking given by the appellant's husband, if the appellant is still in possession of the same, time may be granted to vacate the subject land.
6. Recording the above submission, the Writ Appeal is disposed of directing the appellant to vacate the land in Sy.No.178 of Kosigi village, if she is still in possession of the same, within a period of three months from today, in default, the respondents shall take steps for eviction in accordance with law. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.
_____________________ C. PRAVEEN KUMAR, ACJ __________________________ M. SATYANARAYANA MURTHY, J Dated: 31.07.2019 Nn 3 THE HON'BLE THE ACTING CHIEF JUSTICE C. PRAVEEN KUMAR AND THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY W.A.No.2029 of 2005 (Judgment delivered by the Hon'ble the Acting Chief Justice C. Praveen Kumar} 31.7.2019 Nn