In a writ petition seeking a mandamus declaration against attempted dispossession without due process, the court dismissed the petition as infructuous after receiving telegraphic instructions from a respondent confirming no such move was underway.
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)
THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE
PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13401 of 2009
Between:
1 Tappeta Santhamma, W/o. Chennaiah, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 2 Angalakurthi Satyavedam, w/o. Yakobu, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 3 Addanki Navaratnam, W/o. Vandanam, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 4 Arigela Mariamma, W/o. Nityanadam, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 5 Tappetal China Danamma, W/o. Koteswara Rao, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 6 Jonnalagadda Kotamma, w/o. Samson, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad. 7 Jada Uma, W/o. Anjaiah, R/o. China Ullagallu Village, Mundlamur Department, Secretariat, Hyderabad.
..... PETITIONER(S)
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 to issue order or direction more particularly onein the nature of Writ of Mandamus declaring the high handed action of the respondents No. 3 and 4 in trying to disposses the petitioners from their lands situated in Survey No. 393-4, extent 0-65, Survey No. 389-15, 391-2, extent 0-51,
Survey No. 389-11, extent 0-51, Survey No. 392-1, extent 0-62, Survey No. 393-10, extent 0-27, Survey No. 393-5, extent 0-30 and Survey No. 393-7, extent 0-32 respectively, at Pedaullagallu Village, Mundlamuru Mandal, Prakasam District and consequently direct the respondents not to disturb our lands ane pass
Counsel for the Petitioner:MR.KOTI REDDY IDAMAKANTI
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following:
THE HON’BLE SRI JUSTICE GODA RAGHURAM
W.P.No. 13401 of 2009
09-07-2009
Oral Order:
The petitioners assert to have been granted pattas as landless poor persons in respect of small extents of lands in Pedaullagallu village, Mundlamuru Mandal, Prakasham District. In paragraph Nos. 7 and 8 of the affidavit filed in support of the writ petition, they have alleged that the respondent Nos. 3 and 4, on the instructions of the local M.L.A. are visiting the petitioners’ property; have done so on 01-07-2009 and threatened dispossession without following the due process of law either by way of cancellation of pattas or acquisition of their lands under the provisions of the Land Acquisition Act, 1894.
The learned Government Pleader for Revenue has taken notice before admission of this writ petition and has obtained telegraphic instructions from the 4th respondent which is to the effect that there is no move to dispossess the
petitioners from the lands in survey Nos. 393/4; 389/15; 391/2; 389/11; 392/11; 393/10; 389/5 and 393/7 of Pedaullagallu village of Mundlamur Mandal. In view of this information by way of telegraphic instructions received from the 4th respondent, the cause in the writ petition does not survive. The writ petition is accordingly dismissed as ‘infructuous’. No costs.
____________________ GODA RAGHURAM, J Dated: 09-07-2009 Pvks
1 issue framed by the court
Whether the writ petition lies to restrain the respondents from dispossessing the petitioners from their land without following due legal process.
Tappeta Santhamma and Others
The Government of Andhra Pradesh and Others
GODA RAGHURAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
