HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.8042, 12242, 10178 of 2009 and 11562 of 2010 Date: 22.01.2014 WP No.8042 of 2009:
Between:
Singam Reddy Anki Reddy & another … Petitioners And The Dy. Range Officer, Sarapaka Range Burghampahad Mandal, Khammam district & others … Respondents HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.8042, 12242, 10178 of 2009 and 11562 of 2010 COMMON ORDER:
This batch of writ petitions, were filed challenging the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners land in Sy.No.262 of Sarapaka Revenue village of Burgampahad Mandal, Khammam District.
It is the case of the petitioners that they have been in possession of the said property for the last five decades. The petitioners are in possession of various extents of land. The respondents-authorities tried to interfere with their agricultural operations of the petitioners. At that stage, the present batch of writ petitions, were filed.
A counter affidavit was filed on behalf of the respondents stating that the area is under the control of A.P. Forest Corporation Limited since it has taken the land on lease in the year 1988 and the Corporation is having possession and enjoyment as on today. The payment of revenue will not bind the Andhra Pradesh Forest Development Corporation, Range Office (Palvancha Division) Laxmidevipally, Kothagudem, Khammam district and the land is encroached by the petitioners. The writ petitioners are not in possession of the lands.
Heard the learned counsel for the petitioners and learned Government Pleader for the respondents.
In view of the rival contentions, it is not possible for this Court to go into the merits or to decide who is in possession of the land. However, this Court passed an order granting status quo in respect of the lands in question. In view of the same, if the petitioners are in possession, the respondents are at liberty to take possession of the property by following due process of law. The respondents shall take action if they are so advised within a period of three (03) months from the date of receipt of copy of this order and issue appropriate notice to the petitioners after obtaining report from the Tahsildar, Burgampahad mandal. Till then, the possession of the petitioners shall not be disturbed.
Accordingly, these Writ Petitions are disposed of. No order as to costs. As a sequel, Miscellaneous Petitions, if any, in this batch of writ petitions, shall stand closed.
Date: 22.01.2014 BSS A. RAMALINGESWARA RAO 440 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos.8042, 12242, 10178 of 2009 and 11562 of 2010 Date: 22.01.2014 BSS