Andhra Pradesh High Court - Amravati
R Jyothamma vs The State Of Andhra Pradesh on 7 September, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAGR) pene (SPECIAL ORIGINAL JURISIDICTION) (ond & MONDAY , THE SEVENTH DAY OF SEPTEMBER "2 VS. 5 TWO THOUSAND AND TWENTY Les 'PRESENT: At et! THE HONOURABLE SRI JUSTICE NINALA JAYASURYA ~S====" WRIT PETITION NO: 15901 OF 2020 Between: R.Jyothamma, W/o.Late.Ravanappa, AND Petitioner 1. The State of Andhra Pradesh, rep., by its Principal Roads and Buildings Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Chittoor District, Chittoor. The Sub-Collector, Chittoor , Chittoor District. TheTahsildar, V KotaMandal, Chittoor District. BON Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice in Roc.No.31/2020, dated 31- 08-2020 issued by the respondent No.4 under Section 7 of the Land Encroachment Act, 1905 calling upon petitioner to submit HIS explanation as to why SHE shall not be evicted from the house plot in an extant of 0.01 Cents at D. No.18-488, Sy.No.385/11, of Pattrapalli Village, \- Kota Mandal, Chittoor District, allotted to petitioner through ROC No.A3/176/2012, dated 27-05-2012 as arbitrary, illegal, colorable exercise of power and contrary to the well established legal principles, apart from being violative of fundamental and Constitutional Rights guaranteed to petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the Notice in Roc.No.31/2020, dated 31-08-2020 issued by the respondent No.4, pending disposal of WP 15901 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Smt. S. Parineeta Advocate for the Petitioner and of GP for Roads & Buildings for the Respondent No.1 and of GP for Revenue for Respondent Nos.2 to 4, the Court made the following. ORDER:
Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue, who seeks time to get instructions and file counter-affidavit in the matter.
The present writ petition is filed challenging the impugned Notice dated 31.08.2020 issued by the respondent No.4 under Section 7 of the Land Encroachment Act, 1905. The petitioner claims that she is in possession and enjoyment of Gramakantam land in an extent of Ac.0.01 cents in Survey No.385/11 of Pattrapalli Village, V-Kota Mandal, Chittoor District, for the last more than 30 years and erected a thatched shed and living in the same. She states that recognizing her possession and enjoyment over the said land, the respondent No.4 issued a House Plot enjoyment certificate vide proceedings dated 27.05.2012. While the petitioner was in possession and enjoyment of the said plot, it was noticed that the survey number was wrongly mentioned as '262' instead of '385/11' though the boundaries to the said house plot were mentioned rightly. The petitioner further claims that though she made a request for correction of the survey number which was mentioned wrongly, she was informed by the respondent No.4 that boundaries will prevail over the survey number and therefore it would not make any difference. The learned counsel for the petitioner states that taking advantage of the mistake in mentioning survey number, the respondents are now trying to dispossess the petitioner from the plot which is in her possession and allot the same for construction of Village Health Centre. The learned counsel for the petitioner further states that the respondent No.4 has no jurisdiction to issue a notice in respect of Gramakantam lands and placed reliance on the judgment of a learned Single Judge of Common High Court of Andhra Pradesh in Sagadapu Vijaya v. State of Andhra Pradesh reported in 2015(4) ALD Pg 88. The learned counsel further states that pending consideration of the writ petition, if the petitioner is dispossessed from the land, she would be subjected to irreparable prejudice.
The learned Assistant Government Pleader on the other hand submits that the land in question is allotted for the purpose of Rhythubarosa centre and Village Health Centre and therefore the notice issued by the respondent No.4 is valid. He states that the matter can be disposed of in terms of the judgment in Writ Petition No.1675 of 2020.
Be that as it may, since the petitioner claims that she is in possession and enjoyment of the land in Survey No.385/11 of Pattrapalli Village, V-Kota Mandal, Chittoor District, for the last 30 years by erecting a thatched shed and living therein, there shall be a interim direction as prayed for, since this Court is prima facie of the view that the respondent No.4 has no jurisdiction to issue notice impugned in the Writ Petition.
Office to print the name of the Government Pleader for Revenue for respondent Nos.2 to 4. .
List the matter after four (4) weeks.
: Sd/- G. SRINIVASA REDD ASSISTANT REGISTRAR IITRUE COPY// S) For ASSISTANT REGISTRAR To
--_> SCNBWTIRON TVR The Principal Roads and Buildings Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District.
The District Collector, Chittoor District, Chittoor.
The Sub-Collector, Chittoor , Chittoor District.
The Tahsildar,;
One CC to Sin .V KotaMandal, Chittoor District. (1 to 4 by RPAD) tS. Parineeta, Advocate [OPUC] Two CCs to GP for Roads Buildings,High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare copy HIGH COURT NJSJ DATED:07/09/2020 ORDER WP.No.15901 of 2020 LIST AFTER FOUR WEEKS OF ANGERS o aoe oe