HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 6981 of 2004 DATE: 25.04.2014 Between:
M.V. Shankara Rao and 23 others .. Petitioners And The District Collector and two others .. Respondents O R D E R:-
The petitioners, who are 24 in number, assert that they were granted pattas in 1979 in respect of an extent of Ac.05.00 cents of agricultural land each in Sy.Nos.449/1, 2 to 478 situated in Ugginapalem village, Kasimkota Mandal, Visakhapatnam District, and since then, they have been in possession and enjoyment of the same by doing cultivation. Now, the grievance of the petitioners is that the 3rd respondent – Mandal Revenue Officer, at the instance of some political leaders, without any authority of law, is threatening and trying to evict the petitioners from their lands. Hence, the present writ petition is filed seeking appropriate directions.
This Court, by order dated 27.04.2004, while admitting the writ petition, directed the parties to maintain status quo with respect to possession of the property.
The respondents filed counter affidavit inter alia stating that the 3rd respondent has never tried to evict the petitioners from their lands.
The specific averment made in the counter affidavit that the 3rd respondent has never tried to interfere with the possession and enjoyment of the petitioners has remained uncontrovered. Further, it is needless to mention that as long as valid pattas granted in favour of the petitioners are in force their right and enjoyment over of the property cannot be disturbed or interfered with without following due process of law.
In view of the above, this Court finds no merit in the writ petition and the same is accordingly dismissed. No order as to costs.
As a sequel to the dismissal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
CHALLA KODANDA RAM, J 25.04.2014 bcj