A writ petition challenging the police and revenue authorities' interference with petitioners' possession of allocated house sites. The Court directed maintainence of status quo pending verification of possession details.
Direct respondents to maintain status quo and verify petitioners' possession before interfering pursuant to law.
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APHC010020622015
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
[ 3310 ]
THURSDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 16261 OF 2015
Between:
...PETITIONER(S)
AND
3. The Tahsildar, Martur Mandal, Prakasam District, A.P.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a writ, order or direction more particularly one in the nature of mandamus, declaring the action of the respondents 2 and 3 in interfering with the petitioners' peaceful possession and enjoyment of their respective house sites i.e. Plot Nos.9, 43, 38, 15, 25, 52, 19, 28, 42, 74, 5, 12, 13, 23, 67, 39, 50, 66, 44, 68, 46, 20 and 54 respectively, situated in Sy.No.489/2 of Rajupalem Village, Martur Mandal, Praka.sam District, A.P., as illegal, arbitrary, amounting to abuse of official power, violative of Articles 14, 21 and 300-A of the Constitution of India and is wholly without jurisdiction and consequently direct the respondents 2 and 3 to refrain from doing so
I.A. NO: 1 OF 2015(WPMP. NO: 21143 OF 2015)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 and 3 not to interfere in any manner, whatsoever, with the petitioners' peaceful possession and enjoyment of their respective house sites i.e. Plot Nos.9, 43, 38, 15, 25, 52, 19, 28, 42, 74, 5, 12, 13, 23, 67, 39, 50, 66, 44, 68, 46, 20 and 54 respectively, situated in Sy.No.489/2 of Rajupalem Village, Martur Mandal, Prakasam District, A.P., pending disposal of writ petition
Counsel for the Petitioner(s):SRI. V SURYA KIRAN KUMAR
Counsel for the Respondents: GP FOR HOME (AP)
The Court made the following:
ORDER
Heard Mr. V. Surya Kiran Kumar, learned counsel for the petitioners; learned Assistant Government Pleader for Home for the respondents 1 and 2 and learned Assistant Government Pleader for Revenue for the 3rd respondent.
06.06.2015 the 2nd respondent came to the subject land along with 3rd respondent and instructed them to vacate their respective plots and deliver possession to them without any authority and brought machinery to delish the houses of the petitioners and same was resisted by the petitioners. Therefore the authority of the respondents is questioned in this writ petition.
The miscellaneous petitions pending, if any, shall also stand closed.
____________________________ DR.JUSTICE K.MANMADHA RAO
KK
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 16261 OF 2015
07.03.2024
KK
3 issues framed by the court
Whether respondents have jurisdiction to interfere with petitioners' possession of house sites.
Whether the impugned action of maintaining restriction on petitioners' possession is arbitrary.
Whether parties should be directed to maintain status quo pending determination of possession.
Komera Ramanjamma and others
State of Andhra Pradesh
Station House Officer, Martur Police Station
Tahsildar, Martur Mandal
K. Manmadha Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
