Thottempudi Venu Gopal Rao v. State of Andhra Pradesh
2021-07-23
BATTU DEVANAND
body2021
DigiLaw.ai
JUDGMENT Battu Devanand, J. - This writ petition has been filed against the action of the respondents in interfering with the peaceful possession and enjoyment of the petitioners over vacant site admeasuring an extent of Ac.0-06 cents situated in D.No.156 of Thulluru Village and Mandal, Guntur District, without issuing any notice and without following due process of law is illegal, arbitrary and violative of Article 14, 21 and 300A of the Constitution of India and for a consequential direction to the respondents not to interfere with the peaceful possession and enjoyment of the said property. 2. Heard Sri Venkata Rama Rao Kota, learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj appearing for the 1st respondent, learned Government Pleader for Revenue appearing for the respondent Nos.2 to 4 and Sri I. Koti Reddy, learned Standing Counsel for Gram Panchayat appearing for the 5th respondent and perused the material available on record. The Writ Petition is disposed of at the stage of admission with the consent of both parties. 3. It is the case of the petitioners that the father of the petitioners worked in Railway Protection Force and after his retirement with his hard earned money, he purchased a vacant site admeasuring Ac.0-05 cents situated in D.No.156 of Thulluru Village from one Sri Chamarthi Venkata Subba Rao through a registered sale deed bearing Document No.2543/2003, dated 18.12.2003, registered in the office of Sub Registrar, Tatikonda. Since the date of purchase, the family of the petitioners have been in the peaceful possession and enjoyment over the said property for the last 18 years. 4. Due to inadvertence, a mistake has occurred in the said sale deed in noting the D.No. as 155-1 instead of D.No.156. To rectify the said mistake, the vendor has executed a Rectification Deed bearing No.2372/2004, dated 29.07.2004. 5. The father of the petitioners also purchased a vacant site on the southern side of their property to an extent of Ac.0-01 cent from the vendor through a registered agreement of sale with delivery of possession bearing Document No.2373/2004, which was registered in the office of the Sub Registrar, Tatikonda. 6. On 26.06.2017, the father of the petitioners died testate leaving the petitioners and other family members as legal heirs and successors.
6. On 26.06.2017, the father of the petitioners died testate leaving the petitioners and other family members as legal heirs and successors. During the life time of petitioners' father, he has executed a Will, dated 29.07.2004, which was registered with the Sub Registrar, Tatikonda, in favour of the petitioners and the daughter of the 1st petitioner. The present schedule property fell to the share of the petitioners, and, as such, they have been enjoying the same jointly. 7. Learned counsel for the petitioners submits that on 30.06.2021 at about 11-00 a.m., the staff of the 5th respondent came to the petitioners' property and started measuring the property in their absence. The petitioners came to know about the action of the 5th respondent and questioned the staff of the 5th respondent for what purpose they are taking measurements, they informed the petitioners that the respondents are going to construct Anganwadi Centre in the said property. On the protest of the petitioners, the staff of the 5th respondent left the site informing that they will construct Anganwadi Center in the said property claiming that as a government land. Though the petitioners shown documents pertaining to the property to establish their title, the staff of the 5th respondent did not consider those documents and warned them to vacate the property or otherwise, they will come with JCB and heavy force to proceed the construction of the building. 8. Learned counsel for the petitioners would submit that the action on the part of the staff of the 5th respondent is illegal and violative of Article 14, 21 and 300A of the Constitution of India. 9. Sri I. Koti Reddy, learned Standing Counsel for Gram Panchayat appearing for the 5th respondent, on instructions, submits that there is no truth in the contention of the petitioners and the 5th respondent never intended to interfere into the peaceful possession and enjoyment of the petitioners' property. He further submits that the 5th respondent will follow due process of law, if they intend to take any action in future. 10. Having heard the submissions of both the counsel and upon perusal of the material available on record, in the considered opinion of this Court, placing the statement of the learned Standing Counsel for the 5th respondent on record, this writ petition can be disposed of to meet the ends of justice. 11.
10. Having heard the submissions of both the counsel and upon perusal of the material available on record, in the considered opinion of this Court, placing the statement of the learned Standing Counsel for the 5th respondent on record, this writ petition can be disposed of to meet the ends of justice. 11. Accordingly, the Writ Petition is disposed of directing the 5th respondent not to interfere into the peaceful possession and enjoyment of the petitioners property admeasuring an extent of Ac.0-06 cents situated in D.No.156 of Thulluru Village and Mandal, Guntur District, without following due process of law. There shall be no order as to costs. 12. As a sequel, miscellaneous petitions pending, if any, shall stand closed.