Disposed

Bandaru Simhadri Appadu v. The Mandal Revenue Officer

Telangana HC12 Oct 2012WP/2300/2003

Case brief

AI extract

What is this about?

This court disposed of a writ petition by the occupants seeking regularization and a stay on eviction. The court directed the respondents to initiate appropriate proceedings after providing due notice and opportunity of hearing to the petitioners.

What did the court decide?

Directions to respondents to take appropriate action in accordance with law after giving due notice and opportunity of hearing to the petitioners.

Bandaru Simhadri Appadu Vs The Mandal Revenue Officer — Land Acquisition | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WP NO. 2300 OF 2003

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Date of Judgment: 12.10.2012

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Between:

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Bandaru Simhadri Appadu and others

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…Petitioners

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and

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The Mandal Revenue Officer, Gajuwaka Mandal, and others

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..Respondents

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WP NO. 2300 of 2003

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ORDER:

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Heard learned counsel for parties.

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The petitioners’ admitted case is that they are occupying the land to an extent of 60 sq. yards in Sy.No. 88 of Kurmanna Palem, Gajuwaka, Visakhapatnam district since about 25 years prior to filing of the writ petition. They claimed that as per the Government’s scheme under G.O.Ms.No. 508, Revenue (ASN.I) Department, dated 20.10.1995 and subsequent

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Government Orders, their cases are eligible to be considered for regularization. They claimed that they are in possession and also obtained electricity connection and house tax is also being paid by them. A relief, therefore, is sought that till their cases for regularization are considered, they shall not be evicted from their present occupation.

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Mandal Revenue Officer, Gajuwaka Mandal, Visakhapatnam district has filed a counter-affidavit on behalf of respondents 1 and 2 pointing out that the land admeasuring Ac.21.47 cents in S.No. 88 situated at Kurmannapalem village, Gajuwaka Mandal, Visakhapatnam district is classified as ‘Kotha Cheruvu’ viz., tank Poramboke as per Revenue records and has produced ‘Adangal’ in support of the same. The Mandal Revenue Officer denied the allegations of the petitioners that they are in possession of the land in question, they have raised mud walls and thatched houses and that they had obtained electricity power supply connection to their houses. According to the Mandal Revenue Officer, the petitioners are not in possession of the land in question and their cases for regularization cannot be considered as the land is classified as tank poramboke.

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When the writ petition was admitted on 7.2.2003, an interim direction was issued directing the respondents not to take any action without due process of law. The said order has continued till now and a further order was also

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passed on 14.8.2003 directing the petitioners not to make any further construction on any portion of the land. By order dated 15.6.2004, the interim direction as aforesaid was made absolute and it was made clear that if the land occupied by the petitioners is prohibited for assignment and notified as tank poramboke, it is open for the respondents to issue notice and take appropriate action in accordance with law.

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In view of the said order, therefore, the writ petition is disposed of directing the respondents 1 and 2 to take appropriate action against the petitioners in accordance with law after giving due notice and opportunity of hearing to the petitioners. No costs.

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_________________________ VILAS V. AFZULPURKAR, J

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Dt. 12.10.2012 KR

Bandaru Simhadri Appadu v. The Mandal Revenue Officer

Case brief

What is this about?

What did the court decide?

Bandaru Simhadri Appadu v. The Mandal Revenue Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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