Andhra Pradesh High Court - Amravati
Anupalli Anupama vs The State Of Ap on 4 September, 2020
Author: N. Jayasurya
Bench: N.Jayasurya
THE HON'BLE SRI JUSTICE N.JAYASURYA
Writ Petition.No.14510 of 2020
ORDER:-
Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. With the consent of both the counsel the writ petition is disposed of at the stage of admission.
This writ petition is filed seeking to issue a Writ of Mandamus to declare the action of the respondents in claiming the subject property of an extent of Ac 0.11 cents in survey No.374 and of an extent of Ac 0.12 cents in survey No.377 of Gunapatipalem Revenue Village, Chittamuru Mandal, SPSR Nellore District and its appurtenant ie., thatched house, cattle shed, bore-well and hayrick as Gramakantam as illegal, arbitrary, unjust and further to declare the action of the respondents in trying to interfere/dispossess/encroach the subject property of the petitioners without following due process of law as illegal, arbitrary, unjust and violative of Articles 14, 19, 21 and 300A of the Constitution of India and consequently, to direct the respondents not to interefere/dispossess/encroach the petitioners from the subject property.
The claim of the 1st petitioner in the present writ petition is that she is the owner and possessor of thatched house, cattle shed and hayrick of an extent of Ac 0.11 cents in survey No.374 Gunapatipalem Revenue Village, Chittamuru Mandal and the 2nd petitioner is the owner and possessor of the thatched house, borewell and cattle shed of an extent of Ac 0.12 cents in survey No.377 of Gunapatipalem Revenue Village, Chittamuru Mandal. They claim that they are in possession and enjoyment of the said properties and also paying house tax to the concerned 2 authorities. The learned counsel for the petitioners submits that on 15.07.2020, the respondent authorities came to the properties of the petitioners and attempted to demolish the thatched houses without following due process of law. He states that the land in question is a private land and the respondents are under a wrong notion that the said land is a government land as it was classified as a Gramakantam and that the same can be allotted for house sites to the poor. He further submits that the lands classified as Gramakantam are not Government lands and in view of the same, the respondent authorities have no jurisdiction in the matter.
Learned Assistant Government Pleader for Revenue on the other hand submits that the action taken by the respondents is valid in as much as the land belongs to the Government and since it is contended that lands are Gramakantam lands the concerned Gram Panchayat can as well initiate action, in respect of the lands in question.
Learned Assistant Government Pleader further refers to a Judgment of the learned Single Judge in W.P.No.1675 of 2020 dated 30.01.2020 and submits that a similar order can as well be passed in the present writ petition. The learned counsel for the petitioners agrees for the same.
Accordingly, the writ petition is disposed of declaring that the action of the respondents in trying to dispossess the petitioners from their properties in question is unjust and arbitrary, in as much as the subject lands are classified as Gramakantam lands and the respondents have no jurisdiction in the matter. However, it is left open to the concerned Gram Panchayat to take appropriate steps, if so required, by adhering to the procedure established by law.
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With the above direction, the writ petition is disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
___________________ N. JAYASURYA, J Date: 04.09.2020 Issue:
CC by 08.09.2020 B/o.
EPS 4 HON'BLE SRI JUSTICE N.JAYASURYA Writ Petition.No.14510 of 2020 Dated :04.09.2020 EPS