IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.24496 and 24497 of 2014 WP.No.24496 of 2014: BETWEEN Thodenudula Peda Ramanaiah.
AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, AP Secretariat, Hyderabad and others.
...RESPONDENTS WP.No.2449 of 2014: BETWEEN Thodenudula China Ramanaiah.
AND ... PETITIONER The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, AP Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. A.V.V.S.N. MURTHY Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:
COMMON ORDER:
The grievance in both these writ petitions is similar and petitioners state that they are in possession of their respective assigned land, however, respondent No.4 is threatening to dispossess them.
2. The land, insofar as WP.No.24496 of 2014 is concerned, is an extent of Ac.4.90 cents in Sy.No.776/2 of Chakalakonda village, Vinjamuru Mandal, SPSR Nellore District whereas the land, in question, in WP.No.24497 of 2014, is an extent of Ac.4.90 cents in Sy.No.777/2 of Chakalakonda village, Vinjamuru Mandal, SPSR Nellore District. Petitioners have produced their respective D- form pattas together with adangals in support of their claim.
3. Learned Assistant Government Pleader has received instructions from the Tahsildar, which confirm that the petitioners were granted patta, as claimed on 30.06.1998 and copy of adangal is also produced by the petitioners. Instructions, further, states that both the petitioners are residents of Kancheruvu village, Varikuntapdau Mandal and as such, not residents of Chakalakonda village. It is also stated that the aforesaid lands are CJFS lands and as such, enquiry is proposed to be conducted as to whether the leaseholders of the aforesaid lands are available in the village and whether they are eligible and after submitting appropriate report to the Joint Collector, appropriate action, after enquiry, will be taken.
4. In view of the said instructions, it is evident that there is no attempt on the part of respondent No.4 to dispossess the petitioners and in fact, the instructions state that an enquiry will be conducted, if any action is warranted against the petitioners. In view of the above, the Tahsildar/respondent No.4 is directed not to dispossess the petitioners except after conducting enquiry, as stated above and then take appropriate action.
The writ petitions are disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 20, 2014 DSK