✦ High Court of India · 12 Feb 2025

THE HON'BLE SRI JUSTICE C v. BHASKAR REDDY WRIT PETITION NO

Case Details High Court of India · 12 Feb 2025
Court
High Court of India
Decided
12 Feb 2025
Length
1,137 words

' {!:€ffrit',,?3lrt#f z. I he Executive Engineer, AMRSLBC proiect. ^ Srisartam Dam wdst, Nagari,rno6i-oi.iiili_iiosazo 3 The Deputy executiv'e Fri9ir""i, linrHslEb"erolect, sub Division No. .r . Brahmagiri, Srisailam. oari wesi, frfrg'",i;i.o"r. District _509326 4 rhe Assistant Executive ensi;;;, AM;iStBb C,t;;i"i.rb D;";on No 1, Bra h mao i ri. s risa i tam o_" m weii *rii'ii.ii _?r District _5 09 326 5 The rr/aridar parisnitn -oe^veiffi ;;itftH,'f, mraoad rvrandar Amrabad ^ |.a9q1kurnoot District _SO12O1' o rne rahsrrdar. Amraba{Mandar Amrabad Nagarkurnoor District -50g201 '1:;3,:I3#Vi3'slft*Jl%1T;:td8i*il"a:'[tifi ':,iijii,F'' No. .1, Biahmagiri, ^S!!^Division petition under Arricre 226 of the Constitution of tndia ,rriffil3lr,..H: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or order or direction more particurarry one in the nature of writ of Mandamus decrare the action of the respondents no. 1 tq 6 in lrying to interfere in peaceful possession and enjoyment of the plot no. L F plot.42g situated at Domalpenta village Amrabad Mandal Nagar Kurnool District thqugh the said plot allotted to- the petitioner vide no. Lr no,EE and B3IDBID2/A.23 dated 31_ 12-1997 and also similarly situated persons nearly 600 houses were constructed in the Domalpenta viilage Amrabad Mandar Nagarkurnoor District is ilegar arbitrary and vioration of principre of Naturar Justice, Articre .14 and 21 0fthe constitution of lndia and consequenay direct the respondents no. 1 to 6 not to interfere in peaceful possession and enjoyment of the prot no. L F prot. 429 situated at Domalpenta village Amrabad lVlandal Nagar Kurnool District lA NO: 'l OF 2025 Petition under rSection 151 CPC praying that in the ctrcumstances stated in the affidavit filed rn sup,port of the petition, the High Court may be pleased to direct the respondents 1 to 6 not to interfere in peaceful possession and enjoyment of the Plot no. L F P ot 429 situated at Domalpenta village Amrabac Mandal Nagar Kurnool District of the petitioner pending disposal of W.P. Counsel for the Petitioner: SRI G. ALLABAKASH Counsel for Respondent Nos. 1 to 6: GP FOR IRRIGATION AND CAD Gounsgl for Respondent No. 7: SRI R. CHANDRA SEKHAR REDDTY The Court made the following: ORDER (7 THE HON,BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3964 of 2ol25 ORDER: This Writ Petition is hled seeking to declare the action of respondent Nos. 1 to 6 in trying to interfere with the peaceful possession and enjoyment of the Plot No.L F Plol. 429, situated at Domalpenta Village, Amrabad Mandal, Nagar Kurnool District though the said plot is allotted to the petitioner vide Lr.No.EE & B'3/DB/D2/A.23, dated 31.12.1997, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner was allotted Plot No.LF.429, situated at Domalpenta Village, Amrabad Mandal, Nagar Kurnool District by the Irrigation Department uide Lr.No.EE & 83 IDB lD2l A.23, dated 31.12.1997 , on payment of monthly rent of Rs. 1,44O/-. It is further stated that since the date of allotment of the said plot on lease, the petitioner is in continuous possession for more than 4 decades. It is further stated that the petitioner has submitted a representation for conversion of lease hold rights into 2 cvBR, J wP_3964_2025 free hold rights under various GOs issued by the Governrnent from time to time. The grievance of the petitioner is that the respondents. instead of passing appropriate orders pursuant to the representation s ubmitted Lry him, are making efforts to dispossess him in violation of the due process of law.

4. Learned r:ounsel for the petitioner has subrnitted that the lands which have been acquired for the purpose of Srisailam Project and sonre of the acquired lands which have not been utilized for the purpose of the said project have been allotted to various individuals on payment of monthly rent. It is furtlrer stated that even th or-rgh the petitioner was allowed for ,:onstruction of pakka house in the lease properfy, the respondents are dc:nying for conversion of Ie ase hold rights and making efforts to forcefully dispossess the 1x:titioner.

5. This Court without expressing any opinion on the right and entitlement of tb e petitioner over the subject property, since it is stated that the petitioner was inducted into possession b5' way of a lease deed uide Lr.No.EE &, B3IDB/D2/A.23, daLed 31 12.1997, this Court cieerLs it appropriate to dispose of the wril- pet.ition directing the respondents to examine the application subrnitted by the petitioner dated 25.O1 .2025 seeking permiss;ion for construction of house in the subject property and if it is fc,und that 3 cvBR, J w9-3964-2025 of the petitioner is in violation of law' the directed to take appropriate action strictly in the occupatron respondents are accordance with law 6 Withtheabovedirections,thisWritPetitionisdisposedof. There shall be no order as to costs' As a sequel thereto, miscellaneous petitions' if any' pending shall stand closed. SD/ -MOHD. ISMAIL NT REGISTRAR ASSIS //TRUE COPY// CTION OFFICER To, elangana,

1. The PrinciP al. Secretary lrrigation DePartmen, State o Secretariat, Hvd erabad -500022 he Executive Eng ineer, A[Vl RSLBC Proj ect, Sub Division No 1, Brahmagiri' 2.r S risailam Dam West, Nagark urnool District-509326 3. The DePutY Executive Engine er, AMRSL BC Proiect' Sub Division No 1 , Brahmagtrt' Srisail am Dam West, Nag ark urnool. District -509326 4. The Assistant Executive Engin eer, AMR SLBC Project' Sub Divis ion No. 'l Brahmag iri, Srisailam Dam West Nagarku rnool District -509326 he lVland al Paiishath DeveloP ment bfficer, Amrabad Mandal Am rabad 5T Nagarkurn ool District -509201 6. The Tahsildar, Amrabad Mand al Amrabad Nag a rkurnool District -509201 7. The PanchaY ats ecretarY, Dom alpenta Gram PanchaYa th, DomalaPenta 8. One C C to Sri 9. Two CCs to G Village Amrab ad Mandal Nagarkur nool District -5093 26 ate [OPUC] hAdvoc n & Common Area DeveloPment, High Court for G Allabakas PForl rng atio , ReddY, Advocate(oP uc) the State of Tela 10.One CC to Sri R 11.Two CD CoPies ngana. [o Chandra "Il,n* MBC BS $ HIGH COURT DATED: 1210212025 |' _.'a- -::,.: - ,: , :a ' - .- , [ (r^r\ /, t, r \: ,\\ .t . tl i.> // 2 6 titAB 2!25 * OFS PA].CH ORDER WP.No.3964 of 2025 @"P W DISPOSING OF WRIT PETITION WITHOUT COSTS

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