HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.24770 of 2004 Date: 25.08.2014 Between:
Muthangi Laxmipathi … Petitioner And The Sub- Collector-cum-Settlement Officer, Bhadrachalam, Khammam District & another … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.24770 of 2004 ORDER:
The alleged action of the Mandal Revenue Officer, Bhadrachalam, in trying to dispossess the petitioner from his land admeasuring Ac.11.05 cents in O.S.Nos.5, 6 & 7 and Re-Survey No.74/2, situated at Nandigama village, Bhadrachalam Mandal, Khammam District, was the cause for grievance in this writ petition. It was the case of the petitioner that upon his appeal, the Special Commissioner and Director of Settlement, Andhra Pradesh, by order dated 23.10.2000, remanded the matter to the Revenue Divisional Officer cum Settlement Officer, Bhadrachalam, for a detailed enquiry. His complaint was that despite the pendency of the matter upon such remand, the Mandal Revenue Officer, Bhadrachalam, was trying to dispossess him from the subject land. This Court, by order dated 30.12.2004, directed status-quo obtaining as on that day to be maintained.
2. No counter-affidavit has been filed by the respondents. However, the matter is amenable to disposal with the following order.
i) In the event the enquiry has been concluded by the Revenue Divisional Officer cum Settlement Officer, Bhadrachalam, action may be initiated thereupon in accordance with law, if the same has become final;
ii) In the event any appeal was preferred against the said order, the respodnents would have to abide by the result of such appeal; and
iii) In any event, if the respondents-authorities seek to proceed against the petitioner in respect of the subject land, they would necessarily have to do so in accordance with the due procedure laid down by law.
3. The writ petition is disposed with the above observation. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence. No order as to costs.
SANJAY KUMAR, J
Date: 25.08.2014 BSS HON’BLE SRI JUSTICE SANJAY KUMAR 28 Writ Petition No.24770 of 2004 Date: 25.08.2014 BSS