Andhra Pradesh High Court - Amravati
Nalluri Anjaneyulu, vs State Of Andhra Pradesh, on 22 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.16444 of 2019
ORDER:
This writ petition is filed 'to declare the action of the respondents in making efforts to demolish and dispossess the petitioner from his house site bearing Door No.2-2A (2-2B new) in Sy.No.241 of Mangamuru revenue village of Santhamaguluru Mandal, Prakasam District, and to set aside the proceedings in Rcb.No.169/2019, dated 04.10.2019, as illegal and arbitrary.
Case of the petitioner is that, he is the absolute owner and possessor of the subject land, admeasuring an extent of 59 gadies, which is equivalent to approximately Ac.0.11 cents in Sy.No.241 of Mangamuru Revenue village and that the said property is an ancestral property, wherein the petitioner's grandfather constructed a house, and after the death of the petitioner's father, petitioner and his mother demolished the old house and constructed a new house therein and thereafter the petitioner's brother sold away his part of the share in the said house in favour of the petitioner, while so, on 14.08.2019, the staff of respondents 4 and 5 visited the subject house and the property and threatened to demolish the same. Hence, the petitioner was constrained to file W.P.No.11778 of 2019, which was disposed of on 26.08.2019 observing as follows :-
"In view of the facts and circumstances of the case, the respondents are directed not to dispossess the petitioner from his house bearing Door No.2-2B in Survey No.241 of Mangamuru Revenue Village, Santhanuthalapadu Mandal, Prakasam District, which is constructed in an extent of 55' x 24' which is equivalent to 1320 sq. feet surrounded by compound wall. Insofar as the rest of the land is concerned, the fourth respondent is directed to survey 2 the said land and conduct enquiry as to who is in possession of the said land and take appropriate action in accordance with law, after giving an opportunity of hearing to all the parties concerned."
In spite of the said direction in the writ petition, without following the procedure established under law, on 04.10.2019 the officials of respondents 3 and 4 trespassed into the house of the petitioner and removed the trees and stones in the land of the petitioner and tried to demolish the structures in the said land; again on 18.10.2019, the 4th respondent and the staff of 3rd respondent visited the subject premises for demolition of the subject structure and tried to dispossess the petitioner therefrom; the 3rd respondent also addressed a letter to the Grampanchayat Secretary on 04.10.2019 stating that a survey was conducted by the surveyor and it was found that Sy.No.241, admeasuring an extent of Ac.0.09 cents, is a Gramakantam land, and pursuant to the said proceedings, the 4th respondent is trying to demolish the subject structures. Hence, the writ petition.
Learned counsel for the petitioner submits that no notice whatsoever has been served on the petitioner at the time of survey of the subject land.
Learned Government Pleader for Revenue, passed on the written instructions of the 3rd respondent-Tahsildar, Santhanuthalapadu Mandal, Prakasam District, dated 21.10.2019, stating that formal notices were not issued for conduct of survey in village site porambokes, as it was not contemplated in B.S.O 34[A] para 20.
As seen from the order passed in the previous Writ Petition No.11778 of 2019, the respondents were directed not to dispossess the petitioner from his house bearing Door No.2-2B in Sy.No.241 of 3 Mangamuru Revenue village, admeasuring an extent of 1320 sq. feet surrounded by compound wall, and with regard to the rest of the land, the 4th respondent therein was directed to survey the said land and conduct enquiry as to who is in possession of the said land and take appropriate action after giving an opportunity of hearing to the parties concerned. Admittedly, as seen from the written instructions of the Tahsildar, no notice whatsoever has been given to the petitioner.
In view of the same, the Tahsildar is directed to issue notice to the petitioner as per the directions in W.P.No.11778 of 2019 and take appropriate action, in accordance with law.
The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_____________________________ KONGARA VIJAYA LAKSHMI, J.
Date: 22.10.2019 Akc 4 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.16444 of 2019 Date: 22.10.2019 Akc