IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 940 of 2014 Date: 12.06.2014 Between:
Smt. K. Vijaya Lakshmi … Appellant And Govt., of A.P., rep., by its Principal Secretary, Housing Corporation, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 940 of 2014 JUDGMENT: (Per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) We take up this appeal for hearing after having admitted the same.
Learned counsel for the State appeared before us today. We think that the subject matter in the writ petition can also be taken care of by this Court in this appeal. It is claimed by the writ petitioner/appellant that she is in lawful possession of Plot No.2 admeasuring 561.11 square yards in Sy.No.920/1 situated at Kallur Village and Mandal, Kurnool District. She is alleging that the respondent authorities are trying to dispossess her without following due process of law.
Without deciding the fact whether the writ petitioner/appellant is in factual possession or in lawful possession, we direct the respondent authorities not to dispossess the writ petitioner/appellant without following due process of law provided she is in physical possession. It is made clear that our order will not legalize the possession and title of the writ petitioner/appellant as claimed.
The writ appeal is accordingly disposed of. In view of this order, nothing remains in the writ petition and we give liberty to the parties to approach the learned Single Judge for early disposal of the matter.
Miscellaneous petitions, if any, pending in this appeal shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 12.06.2014 ES