HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 8327 of 2004 DATE: 25.04.2014 Between:
T. Veer Reddy and two others .. Petitioners And Mandal Revenue Officer .. Respondent O R D E R:-
The petitioners assert that they have been in possession and enjoyment of an extent of Ac.1.40 cents in R.S.No.357/1, Ac.1.30 cents in R.S.No. 357/2 and Ac.1.30 cents of agricultural dry land in R.S.No. 357/3 respectively situated in Perugulanka village, Ravulapalem Mandal since 1993 by virtue of D-form pattas issued by the respondent in their favour in 2001 and they have been paying land revenue regularly. Now, the petitioners’ grievance is that the respondent, without issuing any notice and without following due process of law, is threatening and forcing them to vacate the lands in question. Hence, the present writ petition is filed seeking appropriate directions.
This Court, by order dated 29.04.2004, while admitting the writ petition, granted interim direction to the respondent not to dispossess the petitioners from the patta lands as long as D- Form pattas granted in their favour are in force.
No counter has been filed controverting the pleadings in the writ affidavit.
Having heard the learned counsel for both the parties and perused the material placed on record, and in the light of the specific averments made in the writ affidavit, this Court is of the view that the right and enjoyment of the petitioners over the lands in question cannot be disturbed by the respondent unless due process of law is followed by him strictly.
Hence, the writ petition is allowed with the following directions:
“The respondent – Mandal Revenue Officer is directed not to take any coercive steps to dispossess the petitioners from their respective lands without following due process of law. The respondent is also directed to pay costs of Rs.1,000/- (Rupees One Thousand Only) to the petitioners, within a period of six weeks from the date of receipt of a copy of this order.”
CHALLA KODANDA RAM, J 25.04.2014 bcj