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2020 DIGILAW 566 (TS)

Bargu Shankaramma v. State Of Telangana

2020-07-20

T.VINOD KUMAR

body2020
JUDGMENT T.Vinod Kumar, J. - These Writ Petitions are filed under Article 226 of the Constitution of India for issue of a writ of mandamus declaring the action of respondent Nos.4 to 9 in making illegal construction of dump yard and grave yard in the petitioners land to an extent of Ac.0.24 gts and Ac.0.37 gts in Sy. Nos.197/18 and 197/27 respectively situated at Koroor village, Vatpalli Mandal, Sanga Reddy District, without following due process of law and also without following the provisions of Panchayat Raj Act, 2018, as highly illegal, arbitrary, unjust, unconstitutional and in violation of principles of natural justice and also in violation of Articles 14, 19(1g) and 300A of the Constitution of India. 2. The writ petitions are taken up for hearing today, i.e. 20.07.2020, through Video Conferencing. 3. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri G. Narender Reddy, learned Standing Counsel for respondent Nos.7 and 8. 4. Learned Counsel for the petitioners submit that the petitioners have been granted patta by the revenue authorities for land admeasuring Ac.0.24 gts in Sy. No.197/18 and Ac.0.37 gts in Sy. No.197/27 respectively and in recognition of the patta granted, the petitioner has also been issued with a pattadar pass book with katha No.856 and 855 respectively, wherein the said extent of land admeasuring Ac.0.24 gts and Ac. 0.37 gts possessed by the petitioner is reflected. It is further submitted by the learned Counsel for the petitioner that the respondent Nos.7 and 8 authority have encroached onto the petitioner land and has made constructions of dump yard and crematorium. 5. Learned Government Pleader appearing for the respondent authority while refuting the submissions made by the learned Counsel for the petitioner, submits that the entire extent of land in Sy. No.197 is admeasuring Ac.37.32 gts of which the Government had given pattas to various people and petitioners being one of such beneficiary, patta was also given to an extent of Ac.0.24 gts and Ac.0.37 gts only respectively. He would further submit that even after giving pattas to various needy people, there is still vacant land available with the Government to an extent of Ac.9.00 Gts approx., and out of such vacant land, land to an extent of Ac.Ac.0.37 gts was given to the Gram Panchayat for construction of crematorium and Ac.0.20gts for construction of dump yard. He would further submit that even after giving pattas to various needy people, there is still vacant land available with the Government to an extent of Ac.9.00 Gts approx., and out of such vacant land, land to an extent of Ac.Ac.0.37 gts was given to the Gram Panchayat for construction of crematorium and Ac.0.20gts for construction of dump yard. He would further submit that the petitioners are not only in possession of their patta land, but have, in fact, encroached on to the adjoining vacant government land and are cultivating the same. He would further submit that in order to see that the crematorium and dump yard do not come up in the vicinity of the petitioners land in the above said survey number, the petitioner has filed this Writ Petition by distorting facts. 6. Sri G. Narender Reddy, learned Standing Counsel appearing for the respondent Nos.7 and 8 submits that a counter has been filed in the matter enclosing therewith the relied upon documents. Learned Standing Counsel, by drawing attention of this Court to the statements made in para 5 of the counter affidavit, submits that the land to an extent of more than Ac.9.00 gts is still remained vacant and held by the Government, out of which the Tahsildar, the 5th respondent in the present Writ Petition had alienated the mentioned land in favour of the Gram Panchayat for creation of dump yard and crematorium for use of the villagers and handed over possession of the land to the Gram Panchayat under the cover of panchanama and also by drawing location sketch map. He would further submit that the respondent Nos.7 and 8 are developing and constructing the dump yard and crematorium therein and have not encroached the land of the petitioner as being alleged. Learned Standing Counsel would further submit that the construction of the above crematorium is already completed and is ready for being put to use. 7. Learned Standing Counsel thus seeks vacating the status quo order passed by this Court on 10.07.2020. 8. Having regard to the submissions made as above, since it is not in dispute that the petitioners were granted patta of Government land to an extent of Ac.0.24 Gts and Ac.0.37 gts, identified with their respective sub-division of Sy.No. 197 as Sy.No. 197/18 and Sy. 8. Having regard to the submissions made as above, since it is not in dispute that the petitioners were granted patta of Government land to an extent of Ac.0.24 Gts and Ac.0.37 gts, identified with their respective sub-division of Sy.No. 197 as Sy.No. 197/18 and Sy. No.197/27 as reflected in the pattadar pass book with katha No.856 and 855, while the 5th respondent authority has alienated the land in favour of the 7th respondent Gram Panchayat in Sy.No. 197/P forming part of the vacant land of Ac.9.00Gts belonging to the government, wherein it is claimed that petitioner has undertaken the development / construction. Thus, the entire dispute appears to be one of identification of the lands by the petitioners as per the sub-division shown in the pattadar pass book. Therefore, this Court is of the view that the land of the petitioner can be localised by undertaking a joint survey, where at the land of the petitioner can easily be identified, since, as per the entries made in the pattadar pass book clearly indicates the existence of sub-division of survey no.197. It is made clear that during the survey, if it is found that the petitioners land in Sy. No.197/27 being located away from the land in Sy. No.197/P and that the petitioner having encroached on to the land in excess of the patta granted, it would be open for the respondent authority to take necessary action to remove such encroachment by the petitioner and also recover the costs for misrepresenting and recover the survey charges from the petitioner by taking necessary action. 9. If during such localisation of the land of the petitioners, if it is found that the said dump yard and crematorium having been developed / constructed in petitioners land, the respondent authorities shall not to proceed with further development / construction and shall take steps to either removing the same or to get the equivalent land allotted to the petitioner by approaching the revenue authorities seeking change in the land allotted. However, in such case, till such time the petitioner is provided with alternate land and necessary changes have been affected by the authorities in the pattadar pass books issued, the respondent authority shall not put to use the dump yard and crematorium constructed by them in the petitioners land. 10. Subject to the above direction, these writ petitions are disposed of. 10. Subject to the above direction, these writ petitions are disposed of. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.