Andhra Pradesh High Court - Amravati
Jetti Tirumala Rao, vs The State Of Andhra Pradesh, on 24 December, 2024
APHC010323002019
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 15191/2019
Between:
Jetti Tirumala Rao, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. T LAKSHMI NARAYANA Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
2. J SUBBA RAO
3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 2 The court made the following order:
The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:
".....to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the proposed action of the respondents to demolish the tin sheet shed and the palm leaf thatched shed constructed in an extent of 100 Sq.Yards each situated in Sy.No.201 of Kanteru Village, Tadikonda Mandal, Guntur District, where the 1st petitioner running the Chicken center and the „Cycle Puncture/Repair shop‟ run by the 2nd petitioner respectively, without following due process of law, as illegal, arbitrary and violation of Article 14, 19 (1)(g), 21 and 300-A of the Constitution of India, apart from being violative of principles of natural justice, consequently direct the respondents to follow the due process of law before interfering with the immovable property of the petitioners namely tin sheet shed and palm leaf thatches shed situated in Sy.No.201 of Kanteru Village, Tadikonda Mandal, Guntur District, and to pass such other order or orders...."
2. Heard learned counsel for the petitioners and learned counsel for the respondents.
3. The present writ petition is filed challenging the action of the respondents in trying to demolishing the tin sheet shed and palm leaf thatched shed constructed in an extend of 100 Sq.Yards each situated in Sy.No.201 of Kanteru Village, Tadikonda Mandal, Guntur District. Wherein, the 1st petitioner is 3 running chicken stall and the 2nd petitioner is running cycle puncture/repair shop, in the said survey number.
4. Learned counsel for respondent No.2 furnished written instructions dated 23.12.2024 (part of the record). On perusal of the said instructions it transpires that as per the revenue record, the land in Sy.No.201 of Kanteru Village, Tadikonda Mandal, Guntur District, fall under tank bed area and there is no chicken stall or cycle puncture/repair shop in the said survey number.
5. Learned counsel for the petitioners submits that said written instructions were contrary to photocopies filed along with the writ affidavit. As seen from the photocopies, there is a cycle puncture/repair shop and chicken stall and the Panchayat Secretary has produced wrong written instructions. Hence, requested this Court to initiate disciplinary action against the Panchayat Secretary.
6. Therefore, the District Panchayat Officer, is directed to enquire into the issue and communicate the decision to this Court within a period of four (04) weeks. Otherwise, this Court will take suo moto action against the Officers without any intimation.
7. Be that as it may, upon perusal of the photocopies filed along with the writ affidavit it appears that there is a chicken stall 4 and cycle puncture/repair shop. If at all, the said survey number falls under the tank bed area, it is known law that the respondents shall dispossess the petitioners by following due process as established by law, issuing notice and calling for explanation.
8. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
9. For filing report by the District Panchayat Officer, list the matter after six weeks.
As a sequel, interlocutory applications, pending if any in this Writ Petition, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.12.2024 KBN 5 33 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No.15191 OF 2019 Date: 24-12-2024 KBN