WP/26806/2006 of Kamaluddin, Vs Gram Panchayat, on 29 December 2006

ORDER:

The three petitioners are allegedly in occupation of 144Sq.yards, 288 Sq.yards and 288 Sq.yards respectively in surveyNo.260 of Jawaharnagar Village of Shameerpet Mandal in RangaReddy District. They allege that they are staying in the houses on theland bearing numbers given by the Gram Panchayat and duly payingthe taxes. They allege that second respondent made attempts to takepossession illegally without giving notice. Therefore, they filed instantwrit petition seeking appropriate relief.

On 26.12.2006, the matter was heard at preliminary stage. Toenable the learned Assistant Government Pleader for Revenue(Assignment), the matter was adjourned. Today, after obtaininginstructions, the learned Assistant Government Pleader submits thatthe land is Government land and when the petitioners tried to encroachupon the same, they were prevented. He denied all other allegations. The learned counsel for the petitioners submits that the petitioners arestaying in residential houses constructed on the Government land, thatthey are paying house tax/property tax to the Gram Panchayat andtherefore, the allegation that they are trying to encroach upon theGovernment land is not correct. The miscellaneous receipts issued byth e Grampanchayat filed along with the writ petition, prima facie,support the contention of the learned counsel for the petitioners.Therefore, without expressing any opinion on the rights of thepetitioners to encroach upon the Government land or to seekregularization of such encroachment, the writ petition can be disposedof observing that if for any reason, the petitioners are liable to beevicted from the land in their possession, respondent No.4 shall takenecessary action in accordance with the provisions under the AndhraPradesh Land Encroachment Act, 1905.

The writ petition, with the above observations and direction, isaccordingly disposed of. No costs.

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December 29, 2006 (V.V.S.RAO, J)NOTE:Issue order copy by 02.1.2007.(By order)

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