THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.6730 of 2009 Between:
1. S. Venkat Ram Reddy and another PETITIONERS AND
1. South Central Railway, rep. by its Divisional Railway Manager, Guntur Division, Guntur, and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief.
“….to issue a Writ, Order or directing more particularly one in the nature of Writ of Mandamus – Declaring the actions of the respondents herein in trying to enter into and interfere with the possession of the lands measuring Ac.7.29 gts., in survey No.235 and Ac.11.13 gts., in survey No.236 belonging to the petitioners and attempting to take over the possession of the said lands without the due process of law as arbitrary, illegal and against to the principles of natural justice and contrary to the rights guaranteed under Article 300 of the Constitution of India and consequently respondents herein not to interfere with the peaceful possession and enjoyment of the petitioners in respect of the said lands….”
2. Heard Sri G. Dhananjai, learned counsel for the petitioners, learned Standing Counsel for respondents 1 and 2 and the learned Government Pleader for Land Acquisition for the 3rd respondent.
3. The grievance, precisely, in the writ petition is that the respondent-authorities are trying to enter into the private lands of the petitioners and attempting to take over the possession of the said lands without due process of law.
4. This Court while ordering Rule Nisi on 31.03.2009 in W.P.M.P.No.8796 of 2009 passed interim order directing the respondents not to interfere with the possession of the petitioners over the lands, admeasuring Ac.7.29 gts in Sy.No.235 and Ac.11.13 gts., in Sy.No.236 situated at Nathellagudem Village, Veligonda Mandal, Nalgonda District and not to dispossess the petitioners from the said lands, without following due process of law.
5. Even though this Court admitted the writ petition as long back as 31.03.2009 no counter affidavits have been filed so far by the respondents denying the averments made in the affidavit filed in support of the writ petition. Therefore, this Court has no other option except to dispose of the present writ petition by making the interim order granted on 31.03.2009 as a final order in the writ petition.
6. For the aforesaid reasons and keeping in view the nature of controversy in the present writ petition, the writ petition is disposed of, directing the respondents not to interfere with the possession of the petitioners in respect of the lands admeasuring Ac.7.29 gts., in Sy.No.235 and Ac.11.13 gts., in Sy.No.236 situated at Nathellagudem Village, Veligonda Mandal of Nalgonda District and not to dispossess the petitioners from the said lands without following due process of law. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
4th July, 2014 Js.