WP/27647/2005 of Smt.Drakshma Venkata Lakshmamma Vs The District Collector, on 27 December 2005

ORDER:

The petitioner is allegedly in possession of Acs.0.10 of land in S.No.606 B1 and 606B2 of Yarraguntla Village in Kadapa District for the last about twenty-five years. Shealleges that she approached the Government for grant of patta in respect of the sameland, in vain. However, she constructed house No.2/156-21 in the said surveynumber and residing there. When there was threat of dispossession and demolition,the petitioner filed Writ Petition No.9436 of 2004 and obtained interim order from thisCourt directing the respondents not to dispossess the petitioner except inaccordance with law. Thereafter, the Gram Panchayat, fifth respondent herein,issued a notice dt.15.12.2005 directing the petitioner to remove the house on theground that it is situated in Hindu burial ground. Aggrieved by the same, present WritPetition is filed.

It is not denied before this Court that the notice is issued by the Gram Panchayatkeeping in view the observations made by this Court that the petitioner shall not beevicted except in accordance with due process of law. Therefore, the petitioner canas well submit explanation to the fifth respondent to prove her contention. Whetherthe land in S.Nos.606 B1 and 606 B2 is graveyard and whether the petitioner’sapplication for assignment of patta in respect of the said land is pending, are allmatters which can be raised before the Gram Panchayat. If the petitioner is not inpossession of graveyard land, revenue authorities may explore the possibility ofassigning suitable house site to the petitioner. The petitioner is given liberty tosubmit explanation within a period of one week and the same shall be consideredby respondents 4 and 5 before taking any action against the petitioner foreviction/demolition of the house.

The Writ Petition with the above observations is accordingly disposed of.

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27.12.2005 (V.V.S.RAO, J)

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