Dismissed

Jagarlamudi Venu Babu, v. State of Andhra Pradesh

Andhra Pradesh HC7 Apr 2022WP/4677/2022

Case brief

AI extract

What is this about?

This order in a writ petition directed the respondents not to dispossess the petitioners from buildings alleged to be encroachments until the 4th respondent considers objections and passes reasoned orders in accordance with law.

What did the court decide?

Direction to respondents not to dispossess petitioners until the 4th respondent considers objections and passes reasoned orders. No order as to costs.

Jagarlamudi Venu Babu, Vs State of Andhra Pradesh — Landlord and Tenant | Andhra Pradesh HC (2022)

¶1

THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶2

W.P.NO.4677 of 2022

¶3

ORDER

¶4

The petitioners, who are said to be the owners of houses adjoining to Inakollu to Gollapalem R & B Road, have filed the present writ petition contending that the respondents are seeking to dispossess them from their buildings without following any due procedure established by law, on the ground that they are in occupation of road margin. It is the further contention of the petitioners that these lands are classified as Gramakantam whereas the lands on the other side of the road are classified as Government lands and Mandabayalu.

¶5

Sri Naga Pravaeen Vankayalapati, learned counsel appearing for the petitioners submits that the petitioners are firstly not in occupation of the road margin and secondly the respondents are acting unfairly by concentrating on the petitioners’ side of the road without touching any of the encroachments on the other side of the road.

¶6

This Court by an order dated 23.02.2022 had directed a survey to be conducted to demarcate the road margin and leaving it open to the respondents to take action on the basis of the said survey report.

¶7

The learned Government Pleader for Revenue has produced written instructions issued by the Tahsildar, Inakollu Mandal, in Rc.No.Dt/89/2022, dated 01.04.2022, stating that the houses of the petitioners fall within the road margin and as such they are being treated as encroachments. The written instructions further state that steps are being taken in accordance with law.

¶8

Sri Naga Pravaeen Vankayalapati, learned counsel for the petitioners submits that the petitioners have received show cause notices

¶9

¶10

RRR,J W.P.No.4677 of 2022

¶11

from the respondents stating that they are in possession of the land falling within the road margin and the petitioners have set out their case by way of objections filed before the 4^th respondent. He submits that despite these objections being filed, the respondents are still seeking to dispossess them without following due procedure established by law.

¶12

In view of the aforesaid submissions, this writ petition is disposed of with a direction to the respondents not to dispossess the petitioners except in accordance with the procedure established by law and only after orders are passed by the 4^th respondent on the objections submitted by the petitioners. Needless to say, the said orders shall contain reasons. There shall be no order as to costs.

¶13

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

¶14

__________________________ R. RAGHUNANDAN RAO, J.

¶15

7^th April, 2022 Js.

¶16

¶17

RRR,J W.P.No.4677 of 2022

¶18

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶19

W.P.No.4677 of 2022

¶20

7^th April, 2022

¶21

Jagarlamudi Venu Babu, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Jagarlamudi Venu Babu, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M/s Jmc Constructions Pvt, Ltd, Vs The State of Andhra Pradesh

P.Sudhakar Reddy Vs the State of Andhra Pradesh

Smt.Lodagala Parvathi Vs The State of Andhra Pradesh

Vemulla Vinod Reddy, Vs The State of Andhra Pradesh

M/S Imperial Costal Infra Vs The State of Andhra Pradesh

Palle Appalanaidu Vs the State of Andhra Pradesh