IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 21292 of 2014 BETWEEN Ramireddi Chakramma and another AND ... PETITIONERS The State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioners allege in the present writ petition that respondent Nos.3 and 4 at the instance of private parties i.e., respondent Nos.6 to 18 are interfering with their possession and enjoyment on their own patta lands. It is stated that petitioner No.1 owns Ac.0-50 cents of land in Survey No.149 and petitioner No.2 owns Ac.1-73 cents in the same survey number, apart from Ac.0-15 cents in Survey No.640/2. While survey No.149 is stated to be in Peddakondevaram Village of Kothapalli Mandal, East Godavari District, survey No.640/2 is at Jonnalagaruvu of Peddakondevaram Village.
Petitioners state that adjacent to the survey No.149, referred to above, there was a Government puntha to the extent of Ac.2-37 cents in S.Nos.145 ad 148/2. It is alleged that on 18.07.2014 there was illegal interference by the official respondents and hence, the present writ petition is filed alleging that the petitioners are being dispossessed by the respondents without following due process of law.
3. Learned Government Pleader, who was required to get instructions, submits that the villagers of Kondavaram submitted grievance petition, dated 30.06.2014 that son of the petitioners obstructed cremation activity at the burial ground in Survey No.145; that thereupon an enquiry was made after taking assistance of Mandal Surveyor; that the burial ground was in an extent of Ac.10-05 cents in Survey No.145 of Kondavaram village and was under use by the encroachers for a long period and the same was also stated to be encroached by compound wall and the adjacent land is that of the petitioners zarayath land in survey No.149. It is also specifically stated that there was no objection or interference with the petitioners’ cultivation work in the said private lands claimed by them as there is a private way to go to their lands and, as such, the very allegation that there was an attempt for dispossessing the petitioners was denied.
4. In view of the said specific instructions, it is apparent that petitioners have approached this court merely on an apprehension as their private zarayath lands are not being interfered with by the official respondents.
Writ petition is, accordingly, 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 11, 2014 LMV