HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.11204 of 2010
Date: July 24, 2014
Between:
1. Gavernani Sri Lakshmi & another … Petitioners And
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.11204 of 2010
O R D E R:
The petitioners pray for Mandamus declaring the threatened action of the respondents in dispossessing the petitioners from H.Nos.6-108 and 6-107 at Chodavaram Village, Penamaluru Mandal, Krishna District, as illegal and arbitrary.
2. The petitioners on the supposition that the 2nd respondent has no jurisdiction to interfere with the right and enjoyment of petitioners have filed the present writ petition. A bare reading of the affidavit and the documents filed in support of the claim of the petitioners does not show that the petitioners have either assignment or grant of house site patta by any of the respondents in their favour. The documents at best can be classified as licence granted by the Gram Panchayat or receipts evidencing payment of house tax on 09.03.2009.
3. I am afraid by accepting the veracity of these documents it cannot be presumed that the petitioners have any vested right in H.Nos.6-108 and 6-107 at Chodavaram Village. The fact of the matter is the petitioners have constructed small huts on left bank of KEB main canal at 14.500 kms. in the village limits of Chodavaram. There is no order or proceeding in favour of petitioners stated to have been issued by the Irrigation Department authorising their stay. These huts are located in the inner berm of the main canal. The Irrigation Department is contemplating to undertake modernization of Krishna Delta and on instructions the learned Government Pleader submits that notices were also issued to several unauthorized occupants, including the petitioners.
4. The respondents are at liberty to issue notices to the petitioners, receive explanation and pass orders of eviction. The said exercise of issuing notices and passing orders shall be completed within a period of eight weeks from the date of receipt of a copy of this order. Till an order as aforesaid is passed, the status quo granted by this Court on 12.05.2010 shall be in force.
5. With the above observation, the writ petition is disposed of.
6. Pending miscellaneous petitions, if any, shall stand closed in consequence. No order as to costs.
S.V. BHATT, J Date: July 24, 2014.
BSB HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION No.11204 of 2010
Date: July 24, 2014
BSB