This order dismisses the petitioner's writ petition wherein she sought to restrain respondents from dispossessing her of a house site purchased after the land's acquisition for allocation to landless poor. The court found no merit in her claim.
The writ petition is dismissed with no order as to costs.
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.
HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No.1046 of 2008
ORDER:
The petitioner has averred that she purchased house site in survey No.75-A to an extent of 290.66 square yards situated at Kambaladinne Village, Peddakadabur Mandal, Kurnool District on 17.09.2007.
Her grievance is that the respondents are taking steps to dispossess her under the guise of notice issued under the Land Encroachment Act, 1905 in respect of survey No.75-A1. The petitioner has prayed that the respondents be restrained from dispossessing her from the house in dispute as she has purchased the same.
Counter-affidavit has been filed by respondent No.2 wherein it has been averred in paragraph ‘7’ that the petitioner has purchased the land which was already acquired and house site pattas were given to the beneficiaries. The beneficiary is insisting to handover the site. A notice was also issued to the petitioner to stop the construction as the site fall within the acquired land and eviction notice is issued as per law.
As the petitioner has purchased the land in question, after the same was acquired, she is not entitled to any relief. The land was acquired for the purpose of giving house site pattas to the landless poor belonging to the weaker sections of the society.
In view of the above, I find no merit in the writ petition and the same is dismissed. There shall be no order as to costs.
ASHUTOSH MOHUNTA,J
Dt. 10.03.2011 lvl
HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA
WRIT PETITION No.1046 of 2008
Dt. 10.03.2011
2 issues framed by the court
Whether a person purchasing a house site after acquisition is entitled to restrain eviction.
Whether the petitioner is entitled to relief when the land was acquired for house site pattas to landless poor.
Petitioner
Respondent No.2
Ashutosh Mohunta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
