HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 2490 OF 2009 DATED 29th December, 2014.
BETWEEN V.S. Nawabjan ….Petitioner And Kadapa Municipal Corporation, Kadapa, Kadapa District, Rep. by its Commissioner …Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 2490 OF 2009
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondent. No counter affidavit is filed for the last five years. In the circumstances this Court is inclined to dispose of the Writ petition based on the material available on record.
The petitioner’s father, his brother and grandmother together purchased the land to an extent of Ac.2.00 cents in Sy.No.14/3 of Kadapa Town, Kadapa District through a registered sale deed dated 02.02.1967. The vendor of the petitioner’s father purchased the said land under a registered sale deed dated 16.10.1962. After purchase of the said land, the parents of the petitioner constructed a cinema theatre namely M/s,. Rahamathiya Picture Palance, in the said land in the year 1972 facing D.C. road. The cinema theatre is now being used as a function hall. When the respondents tried to interfere with his peaceful possession of the said property, the petitioner got issued a legal notice on 22.01.2009, but there was no response from the respondent. Hence, the present Writ Petition was filed.
This Court by order dated 11.02.2009 directed the respondents not to interfere with the petitioner’s property. It is submitted by the learned Counsel for the petitioner that no notice was issued for acquiring any portion of the subject land even after the interim order of this Court.
Having regard to the facts and circumstances of the cases, the Writ Petition is disposed of directing the respondent not to interfere with the peaceful possession and enjoyment of the subject land of the petitioner without following the due process of law.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 29th December, 2014. Msnrx