High Court disposed of a writ petition challenging encroachment of land. The court relied on existing district collector/Tahsildar orders and instructed the Tahsildar not to interfere with the petitioner's possession without following due process of law.
No order as to costs. Miscellaneous petitions to be closed.
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HONOURABLE SMT. JUSTICE V. SUJATHA
Writ Petition No.5660 of 2015
ORDER :
The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a Writ or Order more in the nature of Mandamus declaring the action of the respondents in trying to convert the petitioner’s land as cart track and trying to dispossess the petitioner indirectly from the land occupied by her admeasuring Ac.1.00 cents in R.S.No.1210 (previously Survey No.270) of Adamilli Panchayat, Kamavarapukota Revenue village, Kamavarapukota Mandal, without following due process of law as illegal, arbitrary and unconstitutional.”
This court, on 06.03.2015, while ordering notice before admission, passed the following order:
“There shall be interim direction as prayed for a period of eight weeks.”
When the matter came up for hearing, learned Government Pleader for Revenue placed on record a copy of the instructions dated 07.11.2022 given by the Tahsildar, Kamavarapu Kota, Eluru District, wherein it is stated that
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W.P.No.5660 of 2015
pursuant to the orders passed by this court in W.P.No.33985 of 2014 earlier filed by the petitioner , the District Collector, Eluru, after issuing notice to the petitioner, passed orders vide proceedings in D.Dis.No.E1/ 6700/2014, dated 27.01.2015 directing the Tahsildar, Kamavarapukota to get the land demarcated and ensure that she will not be dispossessed from the land for which she is holding documentary proof and that if she has encroached into neighbour’s land, eviction shall be done for that extent duly following the procedure; and that accordingly, the Tahsildar, Kamavarapu Kota, had issued notices to the petitioner as well as the neighbouring landholders to get the land demarcated and to ensure whether she is in encroachment the land or not.
In view of the instructions of the Tahsildar, Eluru, and in the facts and circumstances of the case, this court deems it appropriate to direct the 4th respondent-Tahsildar, Kamavarapukota Mandal not to interfere with the possession and enjoyment of the petitioner over the land an extent of Ac.1.00 cents in R.S.No.1210 (previously
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W.P.No.5660 of 2015
Survey No.270) of Adamilli Panchayat, Kamavarapukota Revenue village and Mandal, if she is in possession of the land, without following due process of law.
Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, shall stand closed.
_______________ V. SUJATHA, J
Date: 07.11.2022 Ksn
1 issue framed by the court
Whether the petition was disposed of based on existing instructions not to interfere with the petitioner's possession without due process of law.
1 provisions across 1 enactments
The Petitioner
The Fourth Respondent-Tahsildar
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
