Andhra Pradesh High Court
WP/42356/2022 of PADAVALA HIRANYA KRISHNA MURTHY Vs The State of Andhra Pradesh on 30 December 2022
COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.42356 OF 2022 Between:- Padavala Hiranya Krishna Murthy … Petitioner and The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi,
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Conclusion
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.42356 OF 2022
Between:-
Padavala Hiranya Krishna Murthy
… Petitioner
and
The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District, and others … Respondents Counsel for the petitioner : Mr.Ancha Pandu Ranga Rao Counsel for R.1 to R.5 : The G.P. for Revenue Counsel for respondent No.6 : Mr.Kasa Jagan Mohan Reddy, Counsel for R.7 : The G.P for Municipalities
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents.
2. The grievance of the petitioner in the writ petition, in short, is that despite the representation dated 14.11.2022 seeking to take action against the third parties, who are laying the plots, without any permission from the concerned Authorities, in survey No.124 of Chinthalapudi, Kasukarru Village, Ponnuru Mandal, Guntur District and selling the same, no action is taken so far.
3. Learned counsel for the petitioner, while referring to the averments made in the writ affidavit, submits that some third parties, without obtaining necessary permissions from the concerned authorities, laying plots in survey No.124 situated at Chinthalapudi, Kasukarru Village, Ponnuru Mandal, Guntur District. He submits that the respondents have allowed the third parties to lay the cement concrete road by occupying donka road in the said survey number. He further submits that the petitioner submitted representations on 17.10.2022 and 14.11.2022 to the respondent Nos.2 to 7 requesting to take necessary action against the third parties in as much as they have been selling the lands comprised in survey No.124 without obtaining necessary lay-out permission as well as land conversion certificate. Learned counsel submits that the respondent Nos.2 to 7 have not evinced any interest to look into the representations. Hence, the petitioner is constrained to approach this Court seeking appropriate directions. Learned counsel also draws the attention of this Court to the orders passed by the Hon’ble Division Bench in Writ Petition (PIL) No.140 of 2022 & batch, dated 14.9.2022, and seeks appropriate directions.
4. Learned Assistant Government Pleader for Revenue, on the other hand, submits that if the petitioner had made any representation to the concerned Authorities, the same would be considered and appropriate action would be taken in terms of the orders of the Hon’ble Division Bench referred to supra. The relevant portion of the order reads as follows:
(i) The executive authority, i.e., Panchayat Secretary, of the respective Gram Panchayats in the State shall identify the Gram Panchayat lands, which are unauthorizedly occupied/ encroached, and take steps for removal of such encroachments by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers in terms of the procedure prescribed in Rules of 2011. This complete exercise shall be done within a period of six months from today.
(ii) So far as the encroachments over the lands concerning the Municipalities/Forest Department/ Revenue Department are concerned, even if no separate Rules have been framed prescribing the procedure to be followed in the matter of removal of encroachments over those lands, the officials of the concerned Departments, i.e., the Departments of Municipal Administration, Forest and Revenue, shall also undertake and complete the exercise of identification of unauthorized occupations/ encroachments over the lands belonging to their respective Departments, within a period of two months from today, and thereafter, take steps for removal of such encroachments by following the principles of natural justice, i.e., issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers, within a further period of four months.
5. In the light of the above directions of the Hon’ble Division Bench, the writ petition is disposed of, with a direction to respondents to take necessary action on the petitioner’s recent representation dated 14.11.2022 in terms of the directions referred to above. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
December 30, 2022. vasu
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NINALA JAYASURYA, J