G Venkateswaramma vs. The State Of Ap

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.2608 of 2020

ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

"to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioners representation dated 18.01.2020 submitted for granting house site pattas to an extent of Ac.0.03 cents each occupied by their houses/huts out of Ac.5.83 cents in Survey No 222R situated in Lingadahalli village, Holagunda Mandal, Kurnool District, as illegal, irregular, irrational, violative of provisions of Andhra Pradesh Board of Revenue Standing Orders 21 read with 15 Lavoni Rules and offends Articles 14 and 21 of Constitution of India and consequently the respondents not to interfere in any manner with petitioners possession over the aforesaid properties otherwise then any known procedure established by law."

During hearing, learned counsel for the petitioners, without touching the merits of the case, requested this Court to issue a direction to the respondents not to evict the petitioners from their land without following due process of law.

Learned Assistant Government Pleader for Revenue, admitted that the petitioners are continuing in possession of the land and requested to pass appropriate orders.

Admittedly, the petitioners are in possession and enjoyment of the property. When the petitioners are in possession and enjoyment of the property, they cannot be evicted, without following due process of law. Therefore, the respondents are directed, not to evict the petitioners from the property, except by due process of law.

With the above direction, the writ petition is disposed of at the stage of admission with the consent of both the counsel. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

06.02.2020 Ksp