WP/10146/2005 of Vasudev Gangadhar, Vs The District Collector, on 29 December 2005

Per G.S. Singhvi, C.J.

Sri Vasudev Gangadhar and L. Gopal, both residents of Bhainsa, AdilabadDistrict, have filed this petition in public interest for ensuring that the land ofB.C. Boys Hostel, Bhainsa, meant for backward classes is not encroached byrespondent No.5.

In compliance of the direction given by this Court on 22-12-2005, Mandal Revenue Officer, Bhainsa, Adilabad District has filedcounter affidavit, dated 26-12-2005, paragraphs 2 and 3 of which reads asunder:

“ 2 . I submit that the above Writ Petition is filed by thepetitioners for a declaration that the action of the respondents 1and 2 i.e., revenue-authorities in not taking steps to evictunofficial 5[th] respondent from the land in Sy. No.338/P admeasuring Acs.0-6½ gts. Belonging to B.C.Boys Hostel, Bhainsa, Adilabad District as illegal and for aconsequential direction to the respondents 1 and 2 to forthwithinitiate action to evict unofficial 5[th] respondent as per law. The Writ Petition was filed by the petitioners as residents ofBhainsa Town and social workers working for the benefit ofB.C. people of the area. It is stated by the petitioners that theGovernment has allotted 0-22 gts. of land in Sy.No.338 ofBhainsa Town for B.C. Boys Hostel and the hostel wasconstructed in the said land and the same is functioning atpresent with a strength of 120 to 132 students inmates. Thecomplaint of the petitioners is that the unofficial 5[th] respondentencroached the land to an extent of Ac.0-07 gts unauthorisedlyin the government land allotted to B.C. Boys Hostel anderected a wire fencing to keep timber loads and woods theyhave purchased for the purpose of saw mill. It is stated that inview of the said illegal occupation, the hostel students are putto lot of inconvenience. It is stated by the petitioners that inspite of the report of the Survey authorities no action is taken toevict the encroachers on the Government land.

3 . At the outset, it is to be submitted that the Governmentallotted an extent of 0-17 gts of land in Sy.No.338 to the B.C.Boys Hostel, Bhainsa and the building was constructed and at present the hostel is functioning. On receipt of complaintsabout the encroachments made by the unofficial 5[th]respondent, who is running a saw-mill in Sy.No.337 a pattaland adjacent to the government land in Sy. No.338, a memodated 22-02-2005 was issued by my office directing theMandal Revenue Inspector, Bhainsa to inspect and demarcateland of the Government and to identify the encroachments, ifany. Pursuant to the same, the Mandal Revenue Inspector andMandal Surveyor visited the land occupied by the Govt. B.C.Boys Hostel in Sy.No.338 situated at Bhainsa and found thatthe unofficial 5[th] respondent and his brothers encroached apart of land in Sy.No.338 admeasuring 0-07 gts. Necessarysketch was also enclosed by the Mandal Revenue Inspector,Bainsa showing the encroached land. Pursuant to the same, Ihave issued a notice dated 24-02-2005 under Section 7 of L.E.Act to the unofficial 5[th] respondent to show cause as to why he should not beevicted from the encroached land and served the same on himon 25-02-05.

In reply to the show-cause-notice, unofficial 5[th] respondent submitted his explanation on 4-3-05 through his counsel and the enquiry was adjourned to 5-7-05 at the request of the Counsel for the 5[th] respondent. On

5-7-2005 the 5[th] respondent was present through his counseland filed documents. Later as the unofficial 5[th] respondentsubmitted a petition to me for conducting survey, I submitted aletter to the Revenue Divisional Officer, Nirmal on 6-06-05 todepute Deputy Inspector of Survey and Land Records, NirmalDivision to demaracate the land in Sy. No.338 and to fix upboundaries of land allotted to Govt. B.C. Boys Hostel, Bhainsato take further action under L.E. Act. Pursuant to theinstructions of the Revenue Divisional Officer, Nirmal Division,the Deputy Inspector of Survey and Land Records conductedthe Survey and submitted a report to the Revenue DivisionalOfficer, Nirmal Division on 28-6-05 along with Panchanama ofdemarcation. The said report would indicate theencroachments of 0-6½ gts by the encroachers. Consideringall the material available, I passed orders under Section 6 ofL.E. Act on 23-12-2005 for eviction of encroached land of 0-6½gts and as the 5[th] respondent was not available for service, the same wasaffixed to the last known address of the 5[th] respondent on 23-12-05. Pursuant to the orders of eviction dated 23-12-05, theMandal Revenue Inspector proceeded to the spot on 24-12-05along with Incharge Panchayat Secretary, Bhainsa and removed the fencing put up by the 5[th] respondent in Sy. No.338 in occupation of 0-6½ gts. Govt. land dulyconducting Panchanama. The encroached land takenpossession from the 5[th] respondent was handedover to the Govt. B.C. Boys Hostel,Bhainsa on 24-12-05.

As the land was allotted to Govt. B.C. Boys Hostel, thebeneficiary has to take all necessary steps to protect theGovernment land being encroached. As the main grievances of the Writ Petition is about the encroachments made by the 5[th]respondent on Govt. land allotted to Govt. B.C. Boys Hostel,Bhainsa and the encroacher was evicted and possession washandedover to the officer of the Govt. B.C. Boys Hostel,Bhainsa, the Writ Petition filed may be closed.”

A perusal of the above reproduced contents of the affidavit of Sri K. Gangadharshows that at last, the authorities concerned have woken up from slumber andtaken steps to remove encroachment from the land of B.C. Boys Hostel. If they had not done so, the Court would have issuedmandatory directions to them to do so.

Learned counsel for respondent No.5 says that his client is aggrieved by theaction taken by the authorities to remove his alleged encroachment from theland of B.C. Boys hostel and is proposing to challenge the same by filing anappeal under the A.P. Land Encroachment Act, 1905.

Without commenting on the entitlement of respondent No.5 to challenge theaction taken by the authorities concerned to remove encroachment from theland of B.C. Boys Hostel, we dispose of the writ petition with a direction to the DistrictCollector, Adilabad and his subordinates as also Executive Director, SocialWelfare, Government of Andhra Pradesh to take all necessary steps includingthe use of police force for protecting the land of B.C. Boys Hostel.

Needless to say that this order shall not, in any manner, prejudice therights of respondent No.5 to avail appropriate legal remedy against the actiontaken by the governmental authorities to remove the encroachment.

G.S. SINGHVI, C.J.Date:29-12-2005

R. SUBHASH REDDY, J

PV

HONOURABLE SRI G.S. SINGHVI, THE CHIEF JUSTICE

AND

HON'BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.10146 OF 2005

Between:

Vasudev Gangadhar S/o. Kishan,Hindu, aged about 52 years, Occ: Social Worker –

Area Hospital Development Committee

Member (B.C. Class),R/o.1-1-142, Bhattigalli, Bhainsa.

AND

.. Petitioner

The District Collector, Adilabad & 4 others

::ORDER::

Counsel for the appellants : Mr. K. Manik PrabhuCounsel for Respondents 1 & 2: G.P. for RevenueCounsel for Respondent No.3 : G.P. for Social WelfareCounsel for Respondent No.4 : P. Radha KrishnaS.C. for Bhainsa Municipality Counsel for Respondent No.5 : Mr. V. Ravinder Rao th 29December, 2005