Writ petition under Article 226 challenging alleged interference with land possession. Petitioner submitted instructions stating no interference occurred. Court recorded submissions and closed the petition with no order.
Writ petition closed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO.5517 of 2020
This Petition, under Article 226 of the Constitution of India, is filed by the petitioner, to issue a Writ of Mandamus, questioning the action of 2nd respondent in trying to interfere with the peaceful possession and enjoyment of the land in an extent of Ac.2.36 cents in Sy.No.22/3 of 1st petitioner, and an extent of Ac.1.40 cents in Sy.No.68/1 and an extent of Ac.0.97 cents in Sy.No.22/2 of 2nd petitioner situated in Narukullapadu Village, Reddygudem Mandal, Krishna District, without following the procedure contemplated under law, and declare the same as illegal, arbitrary and violative of Articles 14, 19, 21 and 300-A of the Constitution of India, consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner by dispossession or otherwise.
Though the petitioner made several allegations against the respondents, the truth or otherwise in those allegations is not required to be adjudicated by this Court in view of the written instructions dt.28-02-2020 placed on record by stating as follows:-
“It is submitted that the Tahsildar, Reddygudem, the 2nd respondent herein never interfered with the private land of the petitioners I R.S.No.22/3, 22/2 and 68/1, that the land in R.S.Nos.72 and 73 being ‘Donka Poramboke land’ in respect of to find out whether suitable for house sites. It is further submitted that even though the land in R.S.Nos.72 and 73 classified as ‘Donka’ there is no physical usage as ‘Donka’. These petitioners land is not even an adjacent to give notices to them.
It is submitted that it is a fact that the petitioners are not even adjacent to the ‘Donka Poramboke land’ for giving the notices for the survey of the ‘Donka land’.”
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Recording the submissions of learned Assistant Government Pleader for Revenue since the respondents never interfered with the private lands of petitioners referred above, the writ petition is closed. There shall be no order as to costs.
Consequently, miscellaneous petitions, if any pending, shall stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 05-03-2020
IS
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HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION No.5517 of 2020
Date: 05-03-2020 IS
1 issue framed by the court
Whether the writ petition should be adjudicated on merits given the submitted instructions.
1 provisions across 1 enactments
Petitioner
Tahsildar, Reddygudem
M. SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
