Andhra Pradesh High Court - Amravati
Bobbili Appalanaidu, vs The State Of Andhra Pradesh, on 17 December, 2019
Author: U.Durga Prasad Rao
Bench: U. Durga Prasad Rao
HON'BLE SRI JUSTICE U. DURGA PRASAD RAO
WRIT PETITION No.20423 of 2019
ORDER:
The petitioners seek writ of mandamus declaring the action of the respondent authorities in trying to evict the petitioners from their residential houses situated in Survey No.67 of Godiyada Village, Gantyada Mandal, Vizianagaram District, without following due process of law as illegal and bereft of principles of natural justice and for a consequential direction.
2. Heard learned counsel for petitioners, Sri G.Sai Narayan Rao and learned Government Pleader for Revenue representing on behalf of respondents and with their consent, this writ petition is disposed of at the admission stage.
3. Petitioners case is that they are residents of Godiyada Village and they are poor people and they occupied the Government land in Survey No.67 of Godiyada Village, Gantyada Mandal and built thatched and tin roofed houses in a portion of the land about 25 years back and they have been living there. It is submitted that previously they approached the respondent authorities for issuing house site pattas to them but no action has been taken so far. Recently, the 4th respondent along with his staff has approached the petitioners and directed them to vacate their houses as the Government required the land covered by their houses for construction of Village Secretariat. The petitioners have submitted a representation dated 18.11.2019 to the 4th respondent stating that they have been in occupation of the 2 Government site and constructed thatched houses and tin sheds and in that view, an alternative site may be allotted for the construction of the village secretariat and the said representation is pending with 4th respondent.
4. In that view of the matter, this writ petition is disposed of directing the 4th respondent to consider the representation dated 18.11.2019 of the petitioners and after hearing the petitioners, pass an appropriate order strictly in accordance with law within eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioners. Till such exercise is completed, no coercive steps shall be taken by the authorities to evict petitioners from the subject houses.
As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. No costs.
_________________________ U.DURGA PRASAD RAO, J 17.12.2019 Note: issue C.C. by 19.12.2019 B/o.SS