HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.15450 of 2011

Dated : 22.01.2014

Between:

Devaraju Appala Naidu s/o. Appala Naidu, Age: 88 years, Cultivation, r/o.Benna Bhupalapatnam, Rolugunta Mandal, Visakhapatnam District and others

… Petitioners

And

The District Collector, Visakhapatnam District, Visakhapatnam and others

… Respondents

This Court made the following :

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.15450 of 2011

ORDER :

The claim of the petitioners is that they own land to an extent of Ac.2.02 cents in Sy.No.150 of Benna Bhupalapatnam, Rolugunta Mandal, Visakhapatnam District. Out of this land, petitioners already sold Ac.0.57½ cents to one Dibbidi Venkata Rao. Petitioners apprehended that the respondents were seeking to take possession of the property owned by the petitioners without following due process of law and aggrieved by the efforts made by

the respondents in taking the possession of the land without following due process of law, this writ petition is instituted.

2. By order, dated 09.06.2011, this Court directed the respondents not to dispossess the petitioners from the land in question without following due process of law.

3. As the petitioners claimed to be the owners of the land to an extent of Ac.0.42 cents after disposing of the remaining extent of land in Sy.No.50 of Benna Bhupalapatnam village, petitioners cannot be dispossessed from the said property without following due process of law. If the respondents are in need of the land for public purpose, they shall follow due process of law before acquiring the land of the petitioners and before seeking to dispossess them.

4. Accordingly, the writ petition is disposed of. No costs.

Miscellaneous petition, if any, pending in this writ petition, shall stand closed.

JUSTICE P.NAVEEN RAO

Date: 22.01.2014 kkm

__________________________

HON'BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.15450 of 2011

Dated : 22.01.2014

kkm