The High Court granted a restrained order preventing the Gram Panchayat from dispossessing the petitioner from land pending due process, noting the absence of a counter-affidavit regarding any auction steps.
Directed the respondent not to dispossess the petitioner from the land in question otherwise than due process of law.
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)
PRESENT
THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 26905 of 1997
Dated 12th December, 2006
Between
Namburi Nagamma
…Petitioner
and
The Executive Officer, Kamavarapukota Gram Panchayat, Kamavarapukota, WG District.
…Respondent.
THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 26905 of 1997
ORDER:
In this Writ Petition, the petitioner seeks Writ of Mandamus to declare the action of the respondent in trying to dispossess her from the land admeasuring Ac.2.25 cents covered by R.S.No. 795, situated in Kamavarapukota, West Godavari District as illegal.
In the affidavit filed in support of the Writ Petition, it is stated that the petitioner is the landless poor person and the said land was in possession of her late husband during his life time and she continued in possession. It is stated that the said land originally a rocky land, and unfit for cultivation, but, the same was developed with much dint of hardwork and labour, and Cashew-nut trees are grown in the said land. It is further stated that there are some other Cashew-nut gardens in the land of the grampanchayat, and notices were issued for
auctioning the leasehold rights. On the apprehension that the Cashewnut garden raised by the petitioner would be included for disposal of the leasehold rights by way of public auction by the respondentgrampanchayat, this Writ Petition is filed. It is also stated that the land in question is a konda poramboke land and representations were made to the Mandal Revenue Officer for grant of assignment and the said applications are still pending consideration.
Though Writ Petition is of the year 1997, no counter affidavit is filed on behalf of the respondent-grampanchayat.
Though it is the apprehension of the petitioner that she will be deprived of possession of the land as otherwise than due process of law, but except apprehension, there is no other material to show that the respondent-grampanchayat is taking steps to auction the land which is in occupation of the petitioner also. As much as no counter affidavit is filed by the respondent in spite of service of notice, I dispose of the Writ Petition directing the respondent not to dispossess the petitioner from the land in question as otherwise than due process of law.
Subject to the above direction, the Writ Petition is disposed of. No order as to costs.
JUSTICE R. SUBHASH REDDY
DATE: 12-12-2006. Msnr.
1 issue framed by the court
Whether the petitioner can be restrained from dispossession by the respondent until due process is followed.
Namburi Nagamma
The Executive Officer, Kamavarapukota Gram Panchayat
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
