The High Court of Andhra Pradesh dismissed a writ petition fearing demolition of a compound wall. The Court held that if respondents claim land is government land, they must follow due procedure including issuing notice before taking action. The petition failed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE A.GOPAL REDDY
WRIT PETITION NO : 18877 of 2004
Between:
OM Prakash S/o Seetal Singh Patel H.No.13-6-822 Bapunagar, Langar House Hyderabad.
..... PETITIONER
AND
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of writ of Mandamus declaring the action of the respondents in proposing to demolish the compound wall constructed around the land of the petitioner an extent of Ac.1.34 guntas in Sy.No.15/2 situated in Hydershahkot Village, Rajendranagar Mandal, Ranga Reddy District is illegal, arbitrary and against the principles of natural Justice and in violation of the Articles 14,21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the land without following due process of law,
Counsel for the Petitioner: MR.VADDIPAMULETY Counsel for the Respondents: Govt. Pleader for REVENUE
The Court made the following:
Oral Order:
This writ petition is filed only on mere apprehension that the respondents are proposing to demolish the compound wall constructed around the land of the petitioner in an extent of Ac.1.34 gts. in Sy.No.15/2 situated in Hydershahkot Village, Rajendranagar Mandal, Rangreedy District.
If the respondents claim that the land in question is a Government land, they have to follow due procedure and before taking any action necessary notice has to be issued to the petitioner.
The writ petition fails and it is accordingly dismissed. No costs.
A.GOPAL REDDY,J.
13/10/2004
Murthy
ASSISTANT REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
3.Two CCs to the Govt. Pleader for Revenue, High Court
Buildings, Hyderabad.
4.Two CD copies
2 issues framed by the court
Whether the threat to demolish the petitioner's compound wall warrants the issuance of a writ of Mandamus in absence of specific government land claim action.
What procedural steps, such as issuing notice, are required before taking action on land claimed to be government property.
1 provisions across 1 enactments
OM Prakash
The Mandal Revenue Officer Rajendranagar Mandal, Ranga Reddy District
The Village secretary, Hydershahkot Gram Panchayat
A.GOPAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
