Y.Hema Latha vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble U.Durga Prasad Rao
Case Status:Disposed
Order Date:31 Mar 2022
CNR:APHC010147592022

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Order Issued After Hearing

Purpose:

Admission (Revenue)

Before:

Hon'ble U.Durga Prasad Rao

Listed On:

31 Mar 2022

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Order Text

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.8221 of 2022

ORDER:

The petitioners seek a Writ of Mandamus declaring the action of the respondent Nos. 3 and 4 seeking to evict the petitioners from their house properties situated in Sy.No. 85/1 and 86/1 in Udeswarapuram Village, Seethanagaram Mandal, East Godavari District for the purpose of constructing the drain as illegal, arbitrary and for a consequential direction.

  1. Heard Sri K. Venkatesh, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue representing respondent Nos. 1 to 4 and Sri I. Koti Reddy, learned Standing Counsel representing respondent No.5. Notice to 6th respondent is not yet ordered. However, having regard to the nature of the prayer, this writ petition is disposed of at the admission stage.

  2. The submission of the petitioners is that they were granted house site pattas for an extent of Ac.0.01½ cents each in the year 2004 and thereafter they constructed small huts and they have been paying tax to the 5th respondent Grama Panchayath and now for the purpose of constructing a drain, the respondent Nos. 3 and 4 are trying to evict the petitioners without issuing any notice and conducting due enquiry. The petitioners made a representation dated 21.02.2022 to the respondent Nos. 2 and 4 and the same is pending consideration. Learned counsel for the petitioners seeks a direction to the authorities to consider their representation.

  3. In view of the above submission, this writ petition is disposed of directing the 3rd respondent to consider the representation dated 21.02.2022 of the petitioners and after affording a personal hearing to them, pass an appropriate order in accordance with governing law and rules expeditiously, but not later than four (4) weeks from the date of receipt of a copy of this order, till such exercise is completed respondent authorities shall not take any coercive steps against the petitioners to evict them from their respective house properties. No costs.

As a sequel, interlocutory applications pending, if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J

31.03.2022 Note: Issue C.C. by 06.04.2022. B/o. CHD

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

WRIT PETITION No. 8221 of 2022 Date: 31 st March, 2022

CHD