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Tuesday, May 5, 2015

If the respondents, without issuing any prior statutory notice in writing to the petitioner, takes any action against him by way of eviction / dispossession from the land in question resulting in any damage or loss to the petitioner or his property, the petitioner shall be entitled to proceed against the individual officers in their personal capacity seeking damages to the property and prosecute them for trespass into the lands.

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM            

W.P. No.282 of 2011

19-02-2015

Mantena Kishore Babu.petitioner
                               
The District Collector and two others. Respondents

Counsel for the Petitioners: Sri P.R.K. Amarendra Kumar

Counsel  for Respondent Nos.1 to 3:  G.P. for Revenue

<Gist :

>Head Note:

?Cases referred:

HONBLE SRI JUSTICE CHALLA KODANDA RAM          

W.P.No. 282 of 2011

DATE: 19.02.2015

O R D E R:-

        The sum and substance of the petitioners case as
reflected from the affidavit is that the petitioner is possession
and enjoyment of agricultural lands in an extent of Ac.4.46
cents in R.S.No. 112/3 and Ac.4.88 cents in R.S.No. 112/4
situated in Kamayyapalem village, Jeelugumilli Mandal, West
Godavari District having acquired the same from his late
father  Sri Ranga Vara Prasad Satyanarayana Raju by way of
succession and the Special Deputy Collector, by order dated
10.05.1996, declared possession of the lands in favour of the
petitioner and that orders have become final as no appeal has
been preferred against such orders.  Now, the petitioners
grievance is that the 3rd respondent, on 10.01.2011, without
passing any statutory orders, tried to evict the petitioner from
the lands in question stating that the land belongs to the
Government.  Hence, the present writ petition is filed seeking
appropriate directions.
        The learned counsel for the petitioner has submitted
that in every agricultural season, the respondents, without
any authority, are threatening the petitioner orally to vacate
the schedule lands.
        Having regard to the specific submission made by the
learned counsel for the petitioner that even though orders
dated 10.05.1996 have been passed by the Special Deputy
Collector declaring the lands as belonging to the petitioner
and such orders having become final, the 3rd respondent,
without issuing any statutory notice or having any statutory
authority, is taking steps to evict the petitioner from the lands
in question particularly in every agricultural season, and in
view of the fact that no counter affidavit is forthcoming
contradicting the pleadings, this Court is inclined to dispose of
the writ petition with the following observation:
If the respondents, without issuing any prior statutory notice in
writing to the petitioner, takes any action against him by way of
eviction / dispossession from the land in question resulting in any
damage or loss to the petitioner or his property, the petitioner
shall be entitled to proceed against the individual officers in their
personal capacity seeking damages to the property and prosecute
them for trespass into the lands.

     With the above observation, the writ petition is disposed
of.  No order as to costs.
        As a sequel to the disposal of the writ petition,
Miscellaneous Petitions, if any pending, shall stand disposed of
as infructuous.
______________________  
CHALLA KODANDA RAM, J      
19.02.2015 

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