IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 15495 of 2014 BETWEEN P.Ramasalamma and others AND ... PETITIONERS The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioners claim that they were granted house site pattas vide proceedings of the Mandal Revenue Officer in Rc.No.Ac/404/1999 dated 16.05.1999, in an extent of Ac.0-03 cents, Ac.0-02½ cents, Ac.0-1½ cents and Ac.0-1½ cents respectively, situated at Lingasamudram Village and Mandal, Prakasam District. The details of the petitioners and their respective allotments are set out in the table below.
Petitioners allege that they have constructed thatched houses and are in possession of their houses. It is further alleged that on 30.05.2014, the Tahsildar along with the Revenue Inspector and Surveyor visited the site and threatened to evict the petitioners. Petitioners allege that the said action is taken by the Tahsildar due to political pressure and hence in order to seek protection, they have approached this court by the present writ petition seeking a Mandamus against the Tahsildar in attempting to evict the petitioners without following due process of law.
3. On 06.06.2014 while issuing notice on admission and requiring the learned government pleader to get instructions, this court granted interim direction not to dispossess the petitioners from their respective house sites without issuing any notice and without giving them an opportunity of hearing.
4. Learned government pleader, who has now received instructions from the Tahsidlar, states that the fact of issuing house site pattas to the petitioners vide proceedings in Rc.No.A/404/1999 dated 16.05.1999, is not disputed. It is, however, stated that on inspection of the site it was found that none of the members have constructed any houses and they have only raised temporary thatched houses. The Tahsildar, therefore, states that since the condition of constructing houses is not complied with by the petitioners in spite of grant of house site pattas, as above, appropriate action is contemplated against the petitioners.
5. Though various details are mentioned in the instructions, it is evident that no notice of any nature is given to the petitioners nor any proceeding is taken against them and, as such, any physical interference with their possession is not warranted. However, the interim directions of this court gives liberty to the Tahsildar to issue appropriate notice and give opportunity of hearing, if any action is contemplated to be taken against the petitioners.
6. In view of the same, therefore, the writ petition is disposed of directing the Tahsildar not to physically interfere with the petitioners’ possession.
However, this order will not preclude the Tahsildar from issuing appropriate notice; if there is any violation on the part of the petitioners; give an opportunity of hearing to them to file their objections; and then take appropriate action in accordance with law.
With the above direction the writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 25, 2014 LMV