Matta Malleshwara Rao, v. The State of Andhra Pradesh
Case brief
What is this about?
The High Court disposed of a writ petition regarding illegal possession claims and erection of red flags on petitioner's land, directing a revenue survey to resolve conflicting claims over encroachment and maintaining status quo.
What did the court decide?
Direction to 4th respondent to issue notice inviting reply regarding alleged encroachment and conduct a survey of Survey Nos. 86 and 87/15.
What the court decided
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO WRIT PETITION No.5406 of 2022
ORDER:
The petitioner seeks writ of mandamus declaring the action of the respondents in taking possession of the patta land of the petitioner admeasuring Acres 0.20 cents situated in Survey No.87/15 of Thimadam Village, Julumoor Mandal, Srikakulam District, by erecting red flags claiming it as Government land without issuing any notice, giving opportunity of hearing and following due process of law as arbitrary, illegal and for a consequential direction to the respondents not to interfere with the petitioner’s peaceful possession of the subject property.
- The petitioner’s case briefly is that he is absolute owner and possessor of land mentioned supra, having purchased from one Nelamala Rama Rao, under registered document No.514/1983, dated 25.03.1983. The petitioner’s name was mutated in the concerned revenue records. The petitioner has sold land in an extent of Acres 0.07 cents in favour of one Palli Kithayya under registered sale deed in the year 1990. While so, in the last week of February, 2022, the respondents and their staff visited land in Survey No.87/15 (new) and erected red flags on the petitioner’s land claiming it as a government land, without issuing any notice and conducting enquiry, causing much hardship to the petitioner.
Hence, the writ petition.
2
- Heard learned counsel for petitioner, Sri M.Krishna Rao and learned Assistant Government Pleader for Revenue representing on behalf of the respondent.
Issues for consideration
1 issue framed by the court
Whether the High Court should quash the action of taking possession without notice and provide an opportunity to resolve alleged land title and encroachment disputes.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents (Revenue/Government Pleader)
Coram
U.DURGA PRASAD RAO
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · March
- Registered
- Case no.
- WP/5406/2022
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