GUMPENAPALLI SULOCHANA Vs. TAHSILDAR, BURGAMAPHAD, KHAMMAM DISTRICT

JUDGEMENT

(1.) THE petitioner prays for a Writ of Mandamus to declare the action of respondents 1 to 5 in interfering with the civil disputes and forcing him to vacate the land admeasuring Ac.17.00 in Survey Nos.249/1 and 250 of Sarapaka Village, Burgampahad Mandal, Khammam District as illegal and arbitrary. It is stated that the petitioner belongs to S.T. Community and that she purchased Ac.11.36 cents in the Survey Numbers referred to above from one Sri Toleti Rama Rao represented by his G.P.A., by name Sri P.Ramachander Rao in the year 2001. It is also stated that another extent of Acs.6.00 adjoining the said land has been developed by her. By referring to various proceedings, that ensued before different authorities in respect of the said land, the petitioner contends that Toleti Rama Rao filed O.S.No.49 of 1999 in the Court of Principal Senior Civil Judge, Kothagudem against the respondents herein for the relief of perpetual injunction in respect of the said land and O.S.No.242 of 2005 in the Court of Principal Senior Civil Judge, Kothagudem against the petitioner herein. Reference is made to the various orders passed therein.

(2.) THE petitioner contends that she filed O.S.No.116 of 2011 in the Court of Special Assistant Agent, Mobile Court, Bhadrachalam against the respondents herein for the relief of perpetual injunction and an order of temporary injunction was passed on 14.07.2011 in I.A.No.90 of 2011. It is stated that the order of temporary injunction was vacated by the trial Court and C.R.P. filed against it is pending before this Court. The petitioner submits that after the order of temporary injunction was vacated, the respondents herein and in particular the Tahsildar, Burgampahad, 1st respondent herein and the Circle Inspector of Police, Palwancha, 5th respondent herein are entering the land and encouraging the private parties to dispossess her. Legal notices were got issued to the respondents requiring them to desist from the illegal activities. It is with this background, that the petitioner prays for the relief.

(3.) HENCE , the writ petition is dismissed with costs of Rs.5,000/- (Rupees Five Thousand Only). The petitioner shall deposit the costs with the Warden of the Tribal Welfare Hostel for Girls functioning in or around Kothagudem within four weeks from today. The amount shall be utilized by the Warden for purchasing the articles of personal use for the inmates of the hostel. The petitioner shall submit the receipt of deposit of the amount before the Revenue Divisional Officer, Palwancha, 2nd respondent herein. Till the 2nd respondent informs the Joint Collector about the deposit of the amount, the revision under Section 9 of the Act filed by the petitioner shall not be taken up for hearing. The miscellaneous petition filed in this writ petition shall also stand disposed of.