THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.23243 OF 2004 DATED 21ST AUGUST, 2014 Between:
Kuncha Rama Krishna And another … Petitioners And The Mandal Revenue Officer, Gajuwaka Mandal, Visakhapatnam District, And others.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.23243 OF 2004 O R D E R Aggrieved by the action of the Mandal Revenue Officer, Gajuwaka, in attempting to demolish their thatched huts in Sy.No.141 of Aganampudi Village, Gajuwaka Mandal, Visakhapatnam District, the petitioners approached this Court.
By order dated 14.12.2004, this Court directed the Mandal Revenue Officer, Gajuwaka, not to demolish any structures raised by the petitioners over the plots of lands assigned to them on 13.08.1988, as long as such assignments were in force. This Court however permitted the Mandal Revenue Officer, Gajuwaka, to remove any structures found outside the areas assigned to the petitioners. Thereafter, by order dated 14.07.2010, the Revenue Divisional Officer, Visakhapatnam, and the District Collector, Visakhapatnam, were added as respondent Nos.2 and 3 in the writ petition. However, no counter-affidavit has been filed by any of the respondents.
As the petitioners claim rights over the subject lands on the basis of assignment pattas dating back to 13.08.1988, it is not open to the respondent authorities to act in derogation of the rights conferred by such assignment unless the same is cancelled.
The writ petition is accordingly disposed of in terms of the interim order directing the respondent authorities not to interfere with the possession of the petitioners or demolish any structures raised by them in the plots of land assigned to them on 13.08.1988 as long as the said assignments remain in force. However, it shall be open to the respondent authorities to take action in accordance with law in the event the petitioners have encroached into any area in excess of the land assigned to them. Pending Miscellaneous Petitions, if any, shall also stand dismissed. In the circumstances, there shall be no order as to costs.
21st AUGUST, 2014
PGS
------------------------------------- SANJAY KUMAR, J