HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24904 of 2004
Date: September 19, 2014
Between:
Takkellapati Srinivasa Rao.
… Petitioner and
1. The Revenue Divisional Officer, Guntur Division, Guntur & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.24904 of 2004
O R D E R:
The cause for grievance for the petitioner in this case to approach this Court was the alleged interference with his possession and enjoyment over the property admeasuring Ac.0.46 cents in Survey No.175/A/3/A and Ac.1.54 cents in Survey No.143/B of Patibandla Village, Amaravathi Mandal, Guntur District.
2. By order dated 30.12.2004, this Court directed status quo obtaining as on that day to be maintained by the parties.
3. Despite service of notice, the 3rd respondent herein did not choose to put in an appearance either in person or through counsel. Further, the Revenue Authorities also did not choose to file their counter-affidavit.
4. The matter is however amenable to disposal at this stage on the basis of the pleadings of the petitioner. It is the case of the petitioner that the subject land was inherited by him under the registered Will bearing Document No.4/1987 dated 28.07.1987 executed by his grandfather. While so, he complains that the 3rd respondent staked a claim by submitting a declaration and acting thereupon, the Revenue Authorities started interfering with his possession and enjoyment over the subject property.
5. The registered Will deed and the link documents under which the petitioner claims title and possession over the subject property clearly establish his rights over the same. It is therefore not open to the Revenue Authorities to interfere with his possession over the subject property except in accordance with the due procedure laid down by law. Insofar as the 3rd respondent is concerned, it is for him to have his alleged rights adjudicated before the competent forum in accordance with law.
6. The writ petition is disposed of with the above observations. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J.
Date: September 19, 2014. BSB HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.24904 of 2004
Date: September 19, 2014
BSB