MOLABANTI CHINNAMMAI Vs. DISTRICT COLLECTOR NELLORE

JUDGEMENT

(1.) The petitioner, in the writ petition, has sought for a writ of mandamus declaring the action of the respondents in seeking to dispossess the petitioner from Ac.15.76 cents of dry land in PattaNo.476 in Survey No.356/1 of Podalakuru village and Mandal, Nellore District belonging to the 4th respondent-temple in respect of which the petitioner is a statutory tenant as illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and also violative of provisions of the A.P. (Andhra Area) Tenancy Act and pass appropriate consequential order as this Court deems fit in the facts and circumstances of the case.

(2.) In response to Rule Nisi the respondents have filed counter.

(3.) The facts stated by the petitioner in the affidavit in brief be stated thus: The father-in-law of the petitioner, namely, Sri Molabanti Subba Rao was the statutory tenant of the subject land; the tenancy commenced around the year 1972-73 and he was paying rent at the rate of R.1,000/- per annum; originally the subject land was not fit for cultivation and after putting his labour he levelled the land and made it fit for cultivation, and he died in the year 1984; after the death of Mohbanti Subba Rao, his widow, Molabanti Subbamma, succeeded to his interest and she also died in the year 1988; after the death of Smt. Molabanti Subbamma, the petitioner has been in actual possession and cultivation of the subject land till the writ petition was filed paying regularly rents to the temple management; the petitioner has produced the rent receipts. When the matte stood thus, she came to know that the District Collector, Ncllore-first respondent herein passed an order directing the respondents 2 and 3 to take over possession of the land from the petitioner and allot the same to the land-less poor persons. So alleging the writ petition was filed in this Court on 8-9-1997. The Court on the same day, issued Rule Nisi and passed interim direction to the respondents not to dispossess the petitioner from the subject land.