Writ Petition seeking Mandamus against respondents for threatening to dispossess petitioner from land without due procedure. Court held that as resumption order was already passed, no Mandamus can issue on merits.
Petitioner directed to obtain copy of resumption order to avail appropriate remedy.
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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.31367 of 2013 Date:20.11.2013
Between: Shaik Meeravali, S/o Siddu Saheb
..... Petitioner
And
The State of Andhra Pradesh, Reptd by its Principal Secretary, Revenue Department, Hyderabad and three others.
.....Respondents
Counsel for the Petitioner: Smt A.Varalakshmi
Counsel for the Respondents: Assistant Government Pleader
for Revenue
The Court made the following: ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in threatening to dispossess the petitioner from his lawful possession of land admeasuring 360 square yards in Survey No.193 of Shankavaram Village, H/o Machavaram, Kanigiri Mandal, Prakasam District (for short ‘the subject land’), without following due procedure, as illegal and arbitrary.
At the hearing, learned Assistant Government Pleader for Revenue (Assignments), on instructions, submitted that respondent No.4 issued a show cause notice on 28.04.2011 proposing to resume the subject land as the same is an assigned land which was purchased by the petitioner and that the petitioner has submitted his explanation to the said show cause notice. After considering the petitioner’s explanation, respondent No.4 has passed an order of resumption on 25.11.2011.
Learned counsel for the petitioner stated that her client is not aware of the said resumption order.
Inasmuch as an order of resumption was stated to have been passed in respect of the subject land claimed by the petitioner, no Mandamus as sought by the petitioner in this Writ Petition can be issued. If the petitioner feels aggrieved by the resumption order, he is entitled to avail appropriate remedy. Respondent No.4 is directed to furnish a copy of the resumption order if and when the petitioner approaches him to enable the latter to avail appropriate remedy.
Subject to the above direction, the Writ Petition is dismissed.
As a sequel to the dismissal of the Writ Petition, W.P.M.P.No.38960 of 2013 is dismissed as infructuous.
__________________________ JUSTICE C.V.NAGARJUNA REDDY 20th November 2013 DR
1 issue framed by the court
Whether a writ of Mandamus can issue when the petitioner is unaware of the resumption order passed on the subject land.
Shaik Meeravali
State of Andhra Pradesh
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
