IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.28549 of 2014 BETWEEN I.S.K.Lakshmi Devi AND ... PETITIONER The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others ...RESPONDENTS The Court made the following:
ORDER:
Heard.
2. Petitioners, who are 18 in number, claim that they are in possession of respective extents of lands in survey No.225 at Pothulappa Colony, Kodimi Village, Anantapur Rural Mandal, Anantapur District. They state that in the aforesaid lands they spent amount for constructing small rooms in the said plots and have been residing there. They state that they are all poor persons and are required to be treated on par with allottees under Indiramma Housing Scheme. Alleging that petitioners are threatened by respondent No.4 and attempts are being made to dispossess them by demolishing their houses, present writ petition is filed seeking the relief as prayed for.
3. Learned Government Pleader, who has received instructions from respondent No.4, state that the lands in survey No.225 to an extent of Ac.0- 61 cents and survey No.234-2 to an extent of Ac.2-15 cents of Kodimi Village were originally Government lands and they were assigned to one Gandodi Babaiah on 27.01.1992 but the assignee did not enter upon the lands and not cultivated and kept waste. The aforesaid lands, therefore, on inspection were accordingly resumed by order dated 19.02.2008 and since then they were not assigned to anybody nor any house site pattas were granted.
It is stated that petitioners are not issued any house site pattas and have not laid any layout. They have themselves occupied the government land unauthorisedly by erection of huts and construction of houses. It is further specifically stated that no eviction notices were issued to any of them though their occupation is found to be unauthorised.
4. Since no eviction notice is issued and no steps are taken to dispossess the petitioners, as is evident from the instructions referred to above, the writ petition is disposed of with a direction to respondent No.4 to issue appropriate notice to the petitioner, if and when any action is proposed to be taken against them, with respect to their respective house sites and only after giving opportunity of hearing, appropriate orders may be passed.
As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 25, 2014 LMV