Andhra Pradesh High Court - Amravati
Rudraraju Siva Rama Krishna Raju, Vsp. vs Prl. Secy., Rev. Dept. 2 Ors. on 16 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No. 14856 of 2015
ORDER
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-
"....to issue Writ of Mandamus, declaring the action of Respondents in interfering with the peaceful possession and occupation of the Petitioner concerning his land/ property admeasuring an extent of Ac 10 00 cents belonging to the Petitioner in Survey No.168P, Paradesipalem Village, Chinnagadili Mandal, Visakhapatnam Rural, within the limits of Greater Visakhapatnam Municipal Corporation as being illegal, arbitrary, highhanded without jurisdiction, violative, apart from being violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and occupation of the Petitioner concerning his land/ property admeasuring an extent of Ac.10.00 cents belonging to the Petitioner in Survey No.168, Paradesipalem Village, Chinnagadili Mandal, Visakhapatnam Rural within the limits of Greater Visakhapatnam Municipal Corporation..."
When this Writ Petition came for admission, this Court has passed an Interim Order on 21.05.2015, which is as follows:
„There shall be interim direction to respondent No.3, not to interfere with the possession of the petitioner from the subject land except in accordance with law.‟ At the time of hearing, it is submitted by the learned Government Pleader for Revenue that if at all the petitioner is in 2 possession of the subject land and there is necessity to take possession of the subject land of the petitioner, they will follow the procedure as contemplated under law.
In view of the submissions made by the learned Assistant Government Pleader for Revenue at the time of hearing and also in view of the Interim direction granted by this Court on 21.05.2015, this Writ Petition is disposed of directing the respondents not to interfere with the peaceful possession and enjoyment of the petitioner and not to dispossess the petitioner from the subject land, if at all the petitioner is in possession and enjoyment of the same, without following due process as contemplated under law.
With the above direction, this Writ Petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.
______________________ JUSTICE V.SUJATHA Date : 16.11.2022 AVTP 3 120 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.14856 of 2015 Date : 16.11.2022 AVTP 4