Yellisetti Subba Rao v. The State of Andhra Pradesh
Case brief
What is this about?
Writ Petition challenging interference with land possession under Neeru-Chettu programme without land acquisition procedure. Court recorded respondent's submission requiring statutory compliance and disposed of the petition without costs.
What did the court decide?
None granted; Writ Petition disposed of based on recording of respondent's submission regarding statutory compliance.
What the court decided
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 16460 OF 2016
O R D E R:
This Writ Petition has been filed seeking a mandamus declaring the action of the respondents in interfering with the possession of the petitioners over their schedule lands under ‘Neeru-Chettu’ programme, without following the procedure under the Land Acquisition Act, as illegal and arbitrary. Consequently, the petitioners seek a direction to the respondents not to interfere with their possession over the lands in Survey Nos. 567/2G, 567/2H, 567/2J and 567/2F, admeasuring Ac.2.60 cents situated in Dronadula Village, Martur Mandal, Prakasam District.
The Tahsildar, Martur Mandal, has filed a counter-affidavit, in paragraph 3 of which, it has been stated:
“………….. The subject land is classified as ‘Kunta Poramboke’, hence we have entered into the subject land only for enquiring the details of the land holders who have been given the D.K. pattas by the Government. I submit that we have not initiated any proceedings under the Land Acquisition Act and we have entered the land only for verifying the occupants of the subject land, as it is classified as Kunta Poramboke as per R.S.R. of Dronadula Village of Martur Mandal and it is necessary for deepen the water bodies under ‘Neeru-Chettu’ programme.”
Heard learned counsel for the petitioners.
Learned Government Pleader for Irrigation (Andhra Pradesh)
Issues for consideration
2 issues framed by the court
Whether the action of respondents in interfering with possession under Neeru-Chettu programme without following Land Acquisition Act procedure is illegal.
Whether the Writ Petition seeking direction not to interfere with possession of lands should be allowed.
Parties & counsel
- petitioner
Petitioners
- respondent
Government Pleader for Irrigation (Andhra Pradesh)
Coram
Challa Kodanda Ram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- WP/16460/2016
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