WP/4541/2009 of Polisetty Mangayamma, Vs The Sub Divisional Magistrate AND Sub Collector on 30 December 2022

1. Polisetty Mangayamma, w/o. Late Satyanarayana, aged 71 years.

2. Polisetty Lakshmi, W/o. P.Rambabu, aged 36 years.

Both R/o. Venkatapuram Village and Mandal, Khammam District,

...PETITIONERS

AND

1 . The Sub Divisional Magistrate & Sub Collector, Bhadrachalam, KhammamDistrict.District.

2. The Tahsildar, Venkatapuram ltilandal, Khammam District.

...RESPONDENTS

Petition under Arlicle 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ in the nature of writ of lMandamus or any other appropriatewrit or writs order or direction declaring the Order dl.2O-2-zOOg in Rc.NO.A,/42l09on the file of the First Respondent and the Order dt.05-02-2008 inRc.No.N282412007 on the file of the Second Respondent as illegal arbitrarywithout [jurisdiction ]and violative of principles of natural justice Award costs.circumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ in the nature of writ of lMandamus or any other appropriatewrit or writs order or direction declaring the Order dl.2O-2-zOOg in Rc.NO.A,/42l09on the file of the First Respondent and the Order dt.05-02-2008 inRc.No.N282412007 on the file of the Second Respondent as illegal arbitrarywithout [jurisdiction ]and violative of principles of natural justice Award costs.

l.A. NO: 1 OF 2009(WPMP. NO: 5969 OF 2009)

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to grantstay of all further proceedings including dispossession of petitioners from the landadmeasuring Ac 0.06 cents in Sy.No. 46/1P of Venkatapuram Village and Mandal,Khammam District, pursuant to the Order dL2O-2-20O9 in Rc.No.A,/42l09 on thethe affidavit filed in support of the petition, the High Court may be pleased to grantstay of all further proceedings including dispossession of petitioners from the landadmeasuring Ac 0.06 cents in Sy.No. 46/1P of Venkatapuram Village and Mandal,Khammam District, pursuant to the Order dL2O-2-20O9 in Rc.No.A,/42l09 on the file of the first Respondent and the Order dt.05-2-2008 in Rc. No.A"/282412OO7 onthe file of the Second Respondent, pending disposal of WP No. of 2009.

Counsel for the Petitioners: SRI N.SRIDHAR REDDYCounsel for the Respondents: GP FOR REVENUE

The Court made the following: ORDER

I

THE HONOURABLE SRT JUSTICE K.SARATH

WRIT PETITION No.4541 of 2OO9ORDER:

This writ petition is filed for the following reliel "....to issue a uit in the nqture of Writ ofMqndamus or anA other appropiate Wit orWits, Order or Drection, declaing the Orderdated 2O.2.2O09 in Rc.No.A/ 42/ O9 on the file ofthe respondent No.l and the Order dqted5.2.2008 in Rc.N).A/2824/2007 on the file ofthe respondent No.2, as illegal, arbitrary withoutjuisdtction and uiolatiue of principles of naturaljustice..."

2. Heard Learned Counsel for the petitioner and LearnedAssistant Government Pleader for Revenue appearing forthe respondents.

3. The Learned Counsel for the petitioner submits thatthe petitioners are owners and possessors to an extent ofAc.O.O6 cents in Sy.No.46/1p of Venkatapura-rn Village andMandal, Mulugu District (Erstwhile Khammam District) andthe same was in possession of the petitioners and their

predecessors since more than 7O years. Both the petitionersherein are landless poor persons and the then MandalRevenue Officer of Venkatapuram Mandal, issuedpossession certificate6 in favour of the petitioners inProc.No.B/2O6l2OO2 dated 2O.O8.2OO2 ard inProc.No.B/204l2OO2 dated 10.08.2002. Thereafter, thethen Maldal Revenue Officer of Venkatapuram Mandal hasissued a notice on 29.03.2005 to the petitioners underSection 7 of Act 3 ol 1905 asking them to vacate the saidproperty. Thereafter, once again the respondent No.2herein in Proc.No.Rc.No.A/282412OO7 dated 05.02.2OO8stating that the petitioners are encroachers on GovernmentRevenue Officer of Venkatapuram Mandal, issuedpossession certificate6 in favour of the petitioners inProc.No.B/2O6l2OO2 dated 2O.O8.2OO2 ard inProc.No.B/204l2OO2 dated 10.08.2002. Thereafter, thethen Maldal Revenue Officer of Venkatapuram Mandal hasissued a notice on 29.03.2005 to the petitioners underSection 7 of Act 3 ol 1905 asking them to vacate the saidproperty. Thereafter, once again the respondent No.2herein in Proc.No.Rc.No.A/282412OO7 dated 05.02.2OO8stating that the petitioners are encroachers on Governmentproperty and they should be evicted by taking possession ofthe property. Questioning the said orders, the petitionersfiled an appeal before the respondent No.1 on 19.02.20O8under Section 10 of A.P. Land Encroachment Act, 19O5 andthe same was numbered as DR.No.353/2O08 and withoutthe property. Questioning the said orders, the petitionersfiled an appeal before the respondent No.1 on 19.02.20O8under Section 10 of A.P. Land Encroachment Act, 19O5 andthe same was numbered as DR.No.353/2O08 and withoutdisposing of the same, the respondent No.1 passed thepresent impugned orders in Rc.No.A/42/Og on 20.02.2009

cancelling the possession certificate issued by therespondent No.2.

4. The Learned Counsel for the petitioners furthersubmits that the respondent No. 1 who is the appellateauthority under Land Encroachment Act, without decidingthe appeal filed by the petitioners and without issuing anynotice to the petitioner, cannot pass the impugned order on20.O2.2OO9 cancelling the possession certificates issued bythe then Tahsildar and requested the Court to a-llow thewrit petition by setting aside the impugned orders passedby the respondents.

5. At the time of admission, this Court granted interim orders on 04.03.2009 stating that there shall be interimstay on all further proceedings in W.P.MP.No.5969 of 2OO9in W.P.No.454 1 of 2OO9 and as on this date therespondents did not chose to file counter.

6. In view of the above circumstances, this Court is ofthe considered view that admittedly, the petitioners filedappeal before the respondent No.1 under Section 10 of A.P.

-l

Land Encroachment Act, 1905 and pending the -saidappeal, the respondent No.1 cannot pass present impugnedappeal, the respondent No.1 cannot pass present impugnedorders without issuing any notices to the petitioners on20.O2.2OOC) cancelling thc possession certificate issued byTahsildar on 28.O8.2002 and it is arbitrary and illegal andthe same is liable to be set aside and accordingly, set aside.8. Accordingly, the Writ Petition is disposed of. There shallno order as to costs.Tahsildar on 28.O8.2002 and it is arbitrary and illegal andthe same is liable to be set aside and accordingly, set aside.8. Accordingly, the Writ Petition is disposed of. There shallno order as to costs.

9. Miscellaneous petitions pending, if any, shall standclosed.

SD/- C.PRAVEEN [KUMAR]ASSISTANT.REGISTRARoFFlcER"=5rlo'*

,TRUE [COPY//]

'o [,. ][an" ][Sub Divisional Magistrate & ][sub collector' ][Bhadrachalam' ][Khammam]District-o''"''nsan a' ato.$E[,-[: i.i8h [lffi [?t3'sllli a, T[J" [g: ][l8"a ][JFBF'fi ]. 8li"8t?i [J8,u,[L*, ][o,o* ][REDDY' ][Advocate ][[oPUC]]5. Two CD [CoPies]PSK.sw-.,dNo HIGH COURT

DATED:3011212022

ORDER

WP.No.4541 of 2009

DISPOSING OF THE WRIT PETITTONWITHOUT COSTS.

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