Andhra Pradesh High Court - Amravati
Pittu Chandra Sekhar Reddy vs State Of Andhra Pradesh, on 7 November, 2019
THE HONOURABLE SRI JUSTICE M. SEETHARAMA MURTI
Writ Petition Nos. 16578 & 17521 of 2019
COMMON ORDER:
W.P.no.17521 of 2019, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/s:
"...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent no.4 in granting possession certificates of the house sites in S.No.364/2 of Sangam village in favour respondents 5 to 12 as illegal, arbitrary and without any authority and consequently direct the 4th respondent not to grant the land in S.No.364/2 an extent of Ac.0-67 cents of Sangam village & mandal in favour of any third party and not to interfere with possession and enjoyment of the petitioner of the land in S.no.364/2 an extent of Ac.0-67 cents of Sangam village & mandal, and pass such other or further order or orders as deem fit and proper in the circumstances of the case.' W.P.no.16578 of 2019, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/s:
"...to issue a writ of mandamus or any other appropriate writ or direction declaring the orders of the respondents in trying to disposes the petitioners from house site pattas granted vide proceedings RCB 137/2018 dated 31-03-2018 situated in Sy.no.362-2-2 at Sangam Village and Mandal, SPSR Nellore District, without following due process of law is illegal, arbitrary and in violation of Art.300A of Constitution of India and one without jurisdiction and consequently direct the respondents not to interfere with the possession of the petitioners with respect to their respective house sites and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case.' I have heard the submissions of Sri C. Subodh, learned counsel for the petitioner in WP.no.16578 of 2019; of Sri P. Gangarami Reddy, learned counsel for the petitioner in WP.no.17521 of 2019; and, of learned Government Pleader for Revenue (Assignment) representing the official respondents in both the writ petitions. The petitioners in WP.no.16578 of 2019 are the unofficial respondents in WP.no.17521 of 2019.
I have perused the pleadings and the copies of the written instructions placed on record by the learned Government Pleader.
On one hand, the petitioners in WP.no.16578 of 2019, who are stated to be accredited journalists, claim that as the land covered by Sy.No.364-2 admeasuring Ac.0.30 cents is lying waste, it was identified for allotment to them and accordingly, each petitioner was allotted Ac.0.02 cents out of the said total extent and that they were also given house site possession confirmation documents and that they are in possession of the respective extents covered by the said total Ac.0.30 cents.
Per contra, learned counsel appearing for the petitioner committee in WP.no.17521 of 2019 submits that though there is no document of allotment allotting Ac.0.67 cents in Sy.no.364/2 to the petitioner, yet, the report, dated 27.01.2014, of the Tahasildar, Sangam Mandal, addressed to the RDO, Atmakur, reflects that the land in Sy.no.364 is of a total extent of Ac.1.72 cents as per diglot and that it is a Government land and that the said survey number is sub divided as 364/1 of an extent of Ac.0.44 cents, 364/2 of an extent of Ac.0.67 cents; and, 364/3 of an extent of 0.61 cents and that the land in sy.no.364/2 of an extent of Ac.0.67 cents was allotted to EEDGA and that EEDGA was constructed in the said site by the petitioner and that it is being used for conducting prayers.
Learned Government Pleader, on instructions, on one hand confirms the assignment to the journalists, who are the petitioners in WP.no.16578 of 2019, and on the other hand also submits that the members of the petitioner committee in WP no.17521 of 2019 are continuing to offer their prayers and that when there is a law and order problem, the Tahasildar, Sangam Mandal, promulgated orders under Section 145 CrPC prohibiting any unauthorized occupation in the Government land covered by Sy.no.364 until further orders, vide his office proceedings in Rc.B.808/2017, dated 25.12.2017, and that WP.no.33984 of 2018 filed by Shafi Shaik, President of the petitioner committee in WP.no.17521 of 2019, is pending and that recently when there is a problem regarding possession of house site pattas, the District Collector, Nellore, instructed the RDO, Atmakuru, to enquire into the matter and that the enquiry is pending.
Having regard to the submissions, both the parties are directed to maintain absolute status quo as on today. This order shall not preclude the RDO, Atmakur from expeditiously proceeding with the enquiry and concluding it in accordance with the procedure established by law. However, it is made clear that the said officer shall issue notices to all concerned before arriving at a just and fair decision in the matter.
Both the Writ Petitions are accordingly disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
_________________________ M. SEETHARAMA MURTI, J 07.11.2019 Vjl THE HONOURABLE SRI JUSTICE M. SEETHARAMA MURTI Writ Petition Nos. 16578 & 17521 of 2019 Vjl