Andhra Pradesh High Court - Amravati
M/S.Jb Nrs City Partnership Firm, vs The State Of Andhra Pradesh, on 7 July, 2022
THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETIION NO.9222 of 2021
ORDER:
The writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:
"...to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents, more particularly, the respondent Nos.5 and 6 in trying to prevent the petitioners from utilising and using the rasta/road admeasuring an extent of Ac.0.10cents in Sy.No.110 of Kirikera Village, Hindupur Mandal, Anantapuramu District and attempts being made by the respondents to dispossess the petitioners from peaceful occupation and possession of the said rasta/road as being illegal, arbitrary, without jurisdiction in violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the possession, enjoyment, utilisation and use of the said rasta/road by the petitioners as access road to its layout after obtaining the statutory approval vide L.P.No.7/2020/1107/AHUDA/DPMS..."
2. The case of the petitioner in brief is that the petitioners purchased the land in survey Nos.112-2, 112-1A, 112.3A1 of Kirikera village, Hindupur Mandal, Ananthapuramu District to the total extent of 90.690.9000 square meters of land out of the said total extent of Ac.17.56 cents and obtained layout plan permission vide L.P.No.7/2020/1107/AHUDA/DPMS, wherein it is clearly demarcated the usage of an existing road in survey No.110 as part of access to the layout permitted. On 22.04.2021 the respondents 5 and 6 deputed the staff and labour to demolish the extent of 2 access road admeasuring Ac.0.10 cents in survey No.110, which was developed by the petitioners and the revenue records also substantiated and established that the entire extent of Ac.2.80 cents in survey No.110 is „local fund road‟ and the said road is being used and utilized as road of access since time immemorial. As such, the action of the respondents, more particularly, respondents 5 and 6, is without jurisdiction, illegal and arbitrary. Hence, the writ petition.
3. Learned Government Pleader for Revenue filed counter inter alia contending that the petitioner formed house sites in his layout in survey No.112-2 to an extent of Ac.2.69 cents and survey No.112-3 to an extent of Ac.14.87 cents i.e., an extent of Ac.17.56 cents of Kirikera Village, which is adjacent to the R&B road in survey No.110. On 06.02.2021 the respondent authorities inspected and marked the R&B road boundaries in survey No.110 and also found an unauthorized compound wall belongs to the petitioners with a length of 233 meters on left side of the R&B road. Accordingly, 7th respondent/Tahsildar issued notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 to the petitioners vide Rc.No.85/2021/B, dated 20.04.2021, as to why the petitioners should not be evicted from the Government land under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905.
4. Learned Government Pleader for Roads and Building filed counter inter alia denying the case of the petitioners and stated 3 that as per L.P.No.7/2020/1107/AHUDA/DPMS, no road was marked in survey No.110, as such, the contention of the petitioners that the petitioners marked the road in survey No.112 as demolished by the R&B staff is false. As a part of CC road formed by the petitioners in survey No.110 with an intention to grab R&B road, the R&B authorities demolished the same. The land in survey No.110 to an extent of Ac.2.80 cents of Kirikera Village is classified as "Local Fund Road" as per RSR, as such, the R&B Department has every right to protect the property from encroachments. Accordingly, prayed to dismiss the writ petition.
5. Heard the learned counsel for the petitioners and the learned Government Pleader for Roads and Buildings and learned Government Pleader for Revenue.
6. Learned counsel for the petitioners in elaboration to what has been averred in the affidavit filed in support of the writ petition has contended that the respondent authorities are preventing the petitioners from utilizing the rasta/road admeasuring an extent of Ac.0.10cents in Sy.No.110 of Kirikera Village, which is against the sanctioned layout plan clearly demarcated the usage of the said rasta/road. As such, prayed to protect the interest of the petitioner.
7. The learned Government Pleader for Revenue has placed the letter in R.C.No.85/2021/B, dated - -07-2022, of the 7th respondent/Tahsildar, Hindupur, wherein it is stated that 4 "It is further submitted that the Mandal Revenue Inspector, Hindupur inspected the spot enquired into the matter and reported that unauthorized Compound Wall for a length of 233 mtrs constructed by the petitioner i.e., M/s JB NRS City, represented by Managing Partner Sri L.G.V.Prasad, S/o.Late L.Ramachandra Rao, was removed by the petitioner in consultation with the R&B authorities. Revenue Department has not taken any further course of action."
8. Learned Government Pleader contended that the compound wall was constructed unauthorizedly as such the same was demolished, hence, no indulgence can be shown on the petitioners and prayed to dismiss the writ petition.
9. Leaned counsel for the petitioners has contended that the petitioners can always use the kaccha road and for that the respondents cannot object for the same.
10. To the said contention, learned Government Pleader contended that the respondent authorities are not obstructing the petitioner from using the kaccha road and submitted that in the event if the respondent authorities have any intention to interfere with the petitioners‟ property they would follow the due process of law.
11. Learned counsel for the petitioner requested the Court to record the submissions made by the learned Government Pleader and the letter dated - -07-2022 of the 7th respondent/Tahsildar, Hindupur, and requested to dispose of the writ petition. 5
12. Considering the facts and circumstances of the case, the submissions made by the learned counsel on both sides and recording the letter in R.C.No.85/2021/B, dated ---07-2022, of the 7th respondent/Tahsildar, Hindupur, the Writ Petition is disposed of directing the respondent authorities to follow the procedure established under law, in the event, if the respondent authorities want to interfere with the petitioners‟ property. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI Date : 07.07.2022 SPP 6 THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETIION NO.9222 of 2021 Date : 07.07.2022 SPP