ORDER

This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

“….to issue Writ of Mandamus, declare the action of the Respondents No 1 and 2 in demolishing the petitioners house constructed vide building permission in D.Dis No.929/2012 dated 07.11.2012 in Survey No.464 P as illegal, discriminatory and violation of principles of natural justice and Article 14 of Constitution of India and consequently direct the Respondents No.3 to 5 to pay compensation for demolishing the house of the petitioner constructed vide building permission in D.Dis.No.929/2012 dated 07.11.2012 in Survey No.464 P and direct the Respondent No 3 to 5 to initiate disciplinary proceedings and penal action against Respondents No.6 and 7 …”

When the matter came up for admission, this Court passed an Interim Order on 09.03.2015, which was as follows:

„There shall be interim direction as prayed for‟

At the time of hearing, the learned Assistant Government Pleader for Revenue submitted written instructions of Tahsildar(FAC), Tekkali Mandal, vide Rc.No.472/2014A dated 15.11.2022 stating that after filing of this Writ Petition, the petitioner has also filed W.P.No.14839 of 2019 before this Court, which was disposed of 17.11.2019 and passed the following Order:

„the petitioner is relegated to approach the competent authority to decide the genuineness of the D-Form patta to decide the claim of this petitioner as to the entitlement to claim compensation for the land in survey No.474 an extent of Ac.0.41 cents of Raghunadhapuram village, Tekkali Mandal, Srikakulam District. But, this Court cannot issue writ of mandamus, directing the respondents to pay compensation by initiating proceedings under the Land Acquisition Act, 2013. Hence, the writ petition is dismissed, giving liberty to this petitioner to approach appropriate forum to establish his title of the property and claim compensation, in accordance with law.‟

Thereafter, the petitioner again filed W.P.No.11555 of 2020, wherein an Interim Order was passed on 24.08.2020, which is as follows:

„Heard the question of admission as well as interim relief.

Sri.S.Srinivasa Rao, learned counsel, appears on behalf of the petitioners.

Learned Government Pleader for Revenue accepts notice on behalf of respondents and seeks time for filing counter affidavit.

Subject to filing of counter-affidavit by the respondents within four weeks from today, by way of Interim relief, it is directed that no house site pattas shall be granted by the Government in respect of the subject land under the scheme of „Navaratnalu‟ and status quo, as it exists today, shall be maintained by both the parties in respect of the said land, until the next date of listing.‟

Further, the learned Assistant Government Pleader also submitted that the above lands are not proposed for distribution of house site pattas to the weaker section people in “Navaratnalu-Pedalandariki Illu” scheme in Raghunadhapuram @ Tekkali Village.

In view of the written instructions submitted by the learned Assistant Government Pleader for Revenue at the time of hearing, this Writ Petition is disposed of directing the respondents not to interfere with the dispossess the petitioner or interfere with the peaceful possession and enjoyment of the petitioner over the subject property, if at all he is in possession of the same, without following due process as contemplated under law.

With the above direction, this Writ Petition is disposed of, with the consent of both the counsel. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

______________________ JUSTICE V.SUJATHA Date : 06.12.2022 AVTP

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.5777 of 2015 Date : 06.12.2022 AVTP