M.Nirmalamma Vs The State of Andhra Pradesh

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 writ of Mandamus declaring the action of the respondents particularly the 3nd respondent in orally directing the petitioners to vacate their respective houses bearing H.No.13-9-4, H.No.13-9-2, H.No.1 3-9- 1, H.No. 1 3- 9-5 and H.No.13-9-3 without issuing any notice, without passing any order without considering any record including civil court judgment in AS.No.106/2011 dt.104-2014 on the file of Principal District Judge, Kurnool, as illegal, unjust, arbitrary, highhanded, misuse of official power and against statutory provisions and consequently direct the respondents particularly 3R1 respondent not to evict the petitioners from their respective houses bearing H.No.13-9-4, H.No.13-9-2, H.No.13-9-1, H.No.13-9-5 and H.No.13-9-3, Veldurthi village and manclal, Kurnool district and pass

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IA NO: 1 OF 2019

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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 not to dispossess the petitioners from their respective houses bearing H.No.13-9-4, H.No.13-9-2, H.No.13- 9-1, H.No.13-9-5 and H.No.13-9-3 Veldurthi village and mandal, Kurnool district pending disposal of the above Writ Petition and to pass

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IA NO: 1 OF 2020

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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 Pleased to extended the interim orders dt 17-09-2019 in WP. 12849/2020 pending disposal of the above Writ petition and pass

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Counsel for the Petitioner(S):

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1.L J VEERA REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE (AP)

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JS, J W.P.No.12849/2019

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The Court made the following ORDER:

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The writ petition is filed declaring the action of the respondents in orally directing the petitioners to vacate their respective houses bearing H.No.13-94, H.No.13-9-2, H.No.13-9- 1, H.No.13- 9-5 and H.No.13-9-3, without following due process of law.

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Learned Assistant Government Pleader submits that the petitioners have filed O.S.No.46 of 2005 on the file of the Court of the Principal Junior Civil Judge, Dhone and the said suit was decreed in favour of the petitioners against which the Tahsildar/3^rd respondent filed A.S.No.106 of 2011, on the file of the Court of the Principal District Judge, Kurnool, which was dismissed on 10.04.2014 by modifying the judgment and decree that, the permanent injunction is being granted till the petitioners are evicted under due process of law. As such, the revenue authorities are competent to evict the petitioners by following the due process of law.

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Learned counsel for the petitioners submits that the respondents, without following procedure contemplated under law, cannot vacate the petitioners from their property.

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On the other hand, Learned Assistant Government Pleader, based on the written instructions of the 3^rd respondent vide instructions bearing Rc.A.144/202 dated 06.04.2026, submits that the respondents are not taking any steps to vacate the petitioners, and that if at all the respondents want to vacate the petitioners, they will follow the due procedure contemplated under law.

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In reply, learned counsel for the petitioners requested to record the same and dispose of the writ petition.

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This Court, having verified the written instructions placed on record, feels it appropriate to dispose of the writ petition by directing the respondents

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JS, J W.P.No.12849/2019

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to follow due procedure contemplated under, if they want to vacate the petitioners from the subject property. Till such time, the respondents shall continue the petitioners in the subject property.

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