WRIT PETITION 716 of 2018 on 16 June 1977

ORDER:

This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:

“...to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in trying to acquire the land of the petitioner admeasuring Ac.0.82 cents in Sy.No.412/1 situated at Dharmavaram Village and Mandal, Ananthapuramu District, without following the due process of law, as being illegal, arbitrary and violative of Articles 14, 21, 31-A, 38, 46 read with preamble to the Constitution of India and contrary to the provisions of Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 and consequently direct the respondent authorities not to take any coercive steps without following the due process of law…”

2. The case of the petitioner in brief is that originally the grandmother of the petitioner viz., Smt. Harijana Pedda Peddakka was assigned the land to an extent of Ac.0.82 cents in Sy.No.412/1 situated at Dharmavaram Village and Mandal, Ananthapuramu District vide proceedings in Dis.No.259/86, dated 16.06.1977 and during her life time, she bequeathed the said land to the mother of the petitioner by way of registered Will bearing document No.45/89, dated 23.12.1986. After the death of his mother, the petitioner along with his brothers succeeded the subject land and they are in peaceful possession and enjoyment of the same. While the things stood thus, on 26.12.2017 the respondents 3 and 4, as per the instructions of 2[nd] respondent, came to the subject land and informed that the subject land is required for the purpose of fish and meat market and threatened him to vacate and handover the same, without following the due process of law. Questioning the same, the present writ petition is filed.

3. The 4[th] respondent/Tahsildar filed counter admitting possession of the petitioner and inter alia contending that there is no specific proposal for taking the subject land and if they require the subject land, they will follow the due process of law. Hence, prayed to dismiss the writ petition.

4. The learned counsel for the petitioner submitted that the subject land is devolved upon the petitioner from one Smt.Harijana Pedda Peddakka, who is the original assignee, through his mother and the petitioner is in possession and enjoyment of the same. Learned counsel for the petitioner further contended that in the counter, the revenue authorities have admitted the assignment in favour of Pedda Peddakka and at present it is under the possession and enjoyment of the petitioner. As such, learned counsel for the petitioner prayed to pass appropriate orders in that regard.

5. The learned Government Pleader for Revenue submitted that recording the submissions made in the counter, the writ petition may be disposed of.

6. The grievance of the petitioner in this petition is that the petitioner is in possession and enjoyment of the subject land and without following the due process of law, the respondent authorities trying to dispossess the petitioner from the same. On perusal of the counter in para 9, it clearly shows as follows:

“…it is respectfully submitted that only on request made by the Municipal Commissioner, Dharmavaram for allotment of land in an extent of Ac.1.00 cents in survey No.412 of Dharmavaram Town and Mandal, I along with my field staff, have inspected to identify a suitable land in an extent of Ac.1.00cents in survey No.412 of Dharmavaram town. But there is no specific proposals for taking the land in Survey No.412-1, extent Ac.0.82cents, which was assigned in favour of Adi Andhra Pedda Peddakka vide D.A.R.Dis.No.259/86, dated 16.06.1977. Further an extent of Ac.0.57 cents in Survey No.412 is available and it is under un-authorized occupation and that portion has been earmarked. If it became mandatory to take the land for the public purpose i.e., for providing site for fish and mutton market, action will be initiated in terms of the G.O.Ms.No.259, Revenue (Assn.I) Department, dated 21.06.2016 for acquisition of the assigned land. Only after completion of required procedure under law, the land will be taken into possession. Hence, the contention of the writ petitioner is far away from truth and deserved no consideration.”

It is also made clear in the counter at para 7 as follows:

“The land in Survey No.412, extent Ac.3.85 cents of Dharmavaram town is classified as Government “kunta” as per the diglot and the classification of the land has been changed from poramboke to ayan to an extent of Ac.0.82 cents and denoted as Sy.No.412/1 which was assigned in favour of Adi Andhra Pedda Peddakka and at present it is under the possession and enjoyment of Sri Sake Lakshminarayana…”

7. Taking the submissions of the learned counsel on both sides into consideration and in view of the contentions raised in the counter, the Writ Petition is disposed of directing the respondent authorities not to acquire the land of the petitioner to an extent of Ac.0.82 cents in Sy.No.412/1 situated at Dharmavaram Village and Mandal, Ananthapuramu District without following the due process of law. There shall be no order as to costs.

Consequently, miscellaneous petitions, pending if any, shall stand closed.

Dated : 31.01.2023

________________________

JUSTICE RAVI CHEEMALAPATI

SPP

SPP

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.716 OF 2018

Dated : 31.01.2023