HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.27545 of 2010
Date: June 11, 2014
Between:
1. Kanumuru Suseela & 46 others … Petitioners And
1. The Superintendent of Police, Nellore, SPSR District & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.27545 of 2010
O R D E R:
Heard learned counsel for the petitioners, learned Assistant Government Pleader for Home and learned counsel for the impleaded unofficial respondents.
2. This writ petition was filed challenging the action of respondents 1 to 4 in seeking to dispossess the petitioners from their plots in Survey Nos.1884, 1885, 1886, 1887A and 1888 situated in Nellore Bit-1 (Kothur Village), Nellore Rural Mandal, SPSR Nellore District, without following due process of law.
3. The writ petition was originally filed against the official respondents who are Police Officers. Subsequently, an application in W.P.M.P.No.10486 of 2011 was filed by four persons seeking impleadment as respondents 5 to 8. The implead petition was ordered. This Court, by order dated 08.11.2010, directed the police not to interfere with the possession of the petitioners and status quo obtained as on that day shall be maintained.
4. The case of the petitioners is that the lands in question are private lands purchased by them for a valuable consideration. Whereas, the case of respondents 5 to 8 is that the lands in question are ancestral properties which are covered by the proceedings of the Land Reforms Tribunal, Nellore. The revenue records also reflect their ownership and they never sold any part of the land to any third party.
5. The official respondents 1 to 4 filed counter-affidavit stating that no complaint, whatsoever, has been received against the petitioners herein nor any case was registered against them. At no point of time they have interfered with their peaceful possession and enjoyment of their subject lands.
6. In view of the averments made by respondents 1 to 4 in their counter-affidavit, it is clear that the police are not interfering with the possession of the lands by the petitioners or by anyone. So far as inter se disputes between the petitioners and respondents 5 to 8, it is submitted by the learned counsel for the petitioners that a civil suit is pending between the parties on the file of the Senior Civil Judge, Nellore. The inter se rights have to be decided in the pending civil suit.
7. In view of the statement made by respondents 1 to 4, nothing survives for adjudication in this writ petition and the same is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 11, 2014 BSB
39 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.27545 of 2010
Date: June 11, 2014
BSB