Andhra Pradesh High Court

WP/21528/2019 of Burada Gunakara Rao Vs The State of Andhra Pradesh on 31 December 2019

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SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION Nos.21523 and 21528 OF 2019 COMMON ORDER: These writ petitions are filed under Article 226 of the Constitution to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents herein,

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION Nos.21523 and 21528 OF 2019

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COMMON ORDER:

These writ petitions are filed under Article 226 of the Constitution to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents herein, in trying to evict the petitioners herein from their lands in Sy.No.224, in Javam village, Santhakaviti Mandal, Srikakulam District, on the ground that the said lands are Grama Khantam as illegal, arbitrary, without jurisdiction, in violation of principles of Natural Justice and contrary to the provisions of the Panchayat Raj Act, and further direct the respondents herein, not to interfere with the peaceful possession and enjoyment of the petitioners lands situated at Sy.No.224 in Javam village, Santhakaviti Mandal, in Srikakulam District.

The petitioners contended that they are in possession and enjoyment of the property having purchased the same from their predecessor-in-title by way of registered sale deed dated 02.01.1950 and filed Encumbrance certificate issued by the Registrar’s office and no other document is produced to establish the title to the property. However, the dispute is with regard to classification of the land. The claim of the respondents is that the lands of the petitioners are Grama Khantam lands and vested on the Gram Panchayat.

Sri Idamakanti Koti Reddy, learned standing counsel, appeared for respondent Nos.4 and 5 and learned Assistant Government Pleader for Revenue appeared for respondent Nos.2 and 3.

Even assuming for a moment, that the lands of the petitioners are Grama Khantam lands and the petitioners have encroached the same, still the procedure prescribed under law is required to be followed to evict them. Therefore, the respondents are directed not to dispossess the petitioners from their lands, except by due process of law.

With the above, the writ petitions are disposed of at the admission stage with the consent of both the counsel. No costs.

The miscellaneous petitions pending, if any, shall also stand closed.

31.12.2019 Ksp

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JUSTICE M. SATYANARAYANA MURTHY

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