In a writ petition regarding possession of a house alleged to be allotted to the petitioner, the court held that the Revenue Department lacks power to evict private individuals. The matter was remanded to the civil court.
Writ petition disposed of; relief to be sought in a civil court.
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THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.34516 of 2012
ORDER:
The petitioner states that her husband, Sri V.Vijay Rao, was allotted a site of 200 square yards in Survey No.940 of Waddepally Village, Warangal District in 1970-71 and that a house has been constructed thereon; and it was assigned H.No.2-9-933. It is stated that the husband of the petitioner died on 15.11.2004 and the petitioner resided at a different place for education of her three daughters. The house is said to have been given on lease to the mother of respondent No.2. The petitioner alleges that when she requested respondent No.2 to vacate the premises, he refused to accede to the request and he is forcibly occupying the premises.
The petitioner has placed before this Court, a copy of the order, dated 15.04.2011, through which the Commissioner of Municipal Corporation, Warangal has cancelled the assessment of the house made in favour of respondent No.2. A representation was made to the Tahsildar, Hanamkonda with a request to restore possession of the house to the petitioner. The grievance of the petitioner is that no steps have been taken on the representation.
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.
Admittedly, the house on which the petitioner is claiming rights is in possession of respondent No.2. The officials of the Revenue Department do not have the power to evict the private individuals from the properties. It is only when the Government land is unauthorisedly occupied by the persons, that the proceedings can be initiated under the A.P. Land Encroachment Act, 1905. The petitioner can enforce her rights by filing a suit in a civil Court.
Hence, the writ petition is disposed of, leaving it open to the petitioner to work out her remedies in a civil Court. There shall be no order as to costs.
The miscellaneous petition filed in this writ petition also shall stand disposed of.
_______________________ L.NARASIMHA REDDY,J Dt: 06.11.2012.
kdl
2 issues framed by the court
Whether the Revenue Department has the jurisdiction to evict a private individual from a privately held property.
Whether the court can be invoked to direct eviction of a private individual occupying a disputed house.
1 provisions across 1 enactments
PETITIONER
RESPONDENT NO.2
L. NARASIMHA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
