In a writ petition under Article 226 challenging dispossession from agricultural lands, the Court made an interim direction to the Tahsildar to dispose of representations within four weeks, pending disposal of the main petition.
Order to Tahsildar to dispose of representations within four weeks; stay on dispossession pending order.
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.24666 OF 2020
ORDER :
This petition is filed under Article 226 of the Constitution of
India, seeking the following relief:-
“….to issue a Writ of Mandamus, declaring the action of the 4th respondent and their subordinates in interfering with the peaceful possession and enjoyment and trying to dispossess the petitioners from their agricultural lands which were assigned to them by way of D-Form Pattas in the year, 1994 admeasuring Ac.0.48 cents in Survey No.248/2B/2H; Ac.0.51 cents in Survey No.248/2A/1G and Ac.0.49 cents in Survey No.248/2A/1D respectively situated in Chintala Palem Village, Ellamanda Panchayat, Narasaraopet Mandal, Guntur District, without following due process of law, as illegal, arbitrary, unjust, violative of Principles of Natural Justice, highhanded colourable exercise of power, violative of the Fundamental Rights guaranteed under Articles 14, 19(1)(g) and 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents and their officials not to interfere or dispossess the petitioners from the aforesaid land and pass such other order.”
During hearing, learned Assistant Government Pleader for
Revenue requested to make the interim order earlier granted by this Court absolute while directing the Tahsildar, 4th respondent herein, to dispose of the representations, dated 09.2021 submitted by the petitioners within four (04) weeks from today.
the
In view of the request made by the learned Assistant Government Pleader for Revenue, no further adjudication is required and suffice it to issue a direction to the Tahsildar/ 4th respondent to pass appropriate order on the representations, dated 14.12.2020 submitted to him within four (04) weeks from the date of receipt of a copy of this order. Till passing order, the petitioners cannot be disposed, except by following due process of
law. Further, the petitioners are at liberty to approach appropriate authority, if they are aggrieved by the order passed by the 4th respondent/Tahsildar based on the representations.
With the above direction, the writ petition is disposed of. There shall be no order as to costs.
Consequently miscellaneous applications pending, if any in the Writ Petition, shall also stand closed.
JUSTICE M. SATYANARAYANA MURTHY
Date: 29.09.2021 IS
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.24666 OF 2020
Date: 29.09.2021
IS
1 provisions across 1 enactments
Petitioners
Tahsildar
M. SATYANARAYANA MURTHY
As recorded by the court registry
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