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2023 DIGILAW 111 (AP)

Bale Nagewswara Rao v. State of A. P.

2023-01-12

SUBBA REDDY SATTI

body2023
JUDGMENT 1. This writ petition is filed seeking the following relief: "to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly respondent No.4 in trying to encroach the land admeasuring Ac.0.19 cents situated in R.S. No.1062 and 1065 of Agadallanka Village, Bhimadole Mandal, Eluru District, which is using by the petitioners for ingress and aggress to their Fish Tanks and Agricultural Fields without following due process of law as bad, illegal, arbitrary, unjust, improper, contrary to law, amounts to colourable exercise of power, amounts to non- application of mind, contrary to Judgment of this Hon'ble Court dtd. 9/7/2020 in WP.No.11166 of 2020 and in violation of principles of natural justice guaranteed under Article 14, 16 and 300-A of the Constitution of India and consequently direct the respondents, not to interfere with the peaceful possession, enjoyment and easement rights of the petitioners over the land admeasuring Ac.0.19 cents situated in R.S.No.1062 and 1065 of Agadallanka Village, Bhimadole Mandal, Eluru District". 2. Petitioners asserted in the affidavit that they are aqua farmers of "KASULOTHA CHEPALA CHERUVU" of Agadallanka Village of Bhimadolu Mandal. The Government acquired the land to an extent of Ac.7.83 cents in R.S.Nos.1062 and 1065 in the year 2012 under the Land Acquisition Act, 1894 from Sri Ghantasala Krishna Rao and others and an award was passed to that effect. 3. According to the petitioners, an extent of Ac.0.19 cents is being used by the petitioners to reach the fish tank in Sy.Nos.1062 and 1065. The grievance of the petitioners is that without issuing any notice, the 4th respondent trying to encroach upon Ac.0.19 cents with an intention to distribute house site pattas to the landless poor under "Navaratnalu- Pedalandariki Illu" Scheme. Hence, the present Writ Petition. 4. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. 5. Learned Government Pleader on instructions submits that an extent of Ac.7.83 cents in R.S.Nos.1062 and 1065 of Agadallanka Village of Bhimadolu Mandal was acquired in the year 2012. Subsequently, an award was passed and compensation was paid to the beneficiaries. However, the said land was not allotted for any public purpose. Taking advantage, the petitioners have dug the fish tank in their lands without seepage channel and encroached the part of the land acquired by the Government and formed embankment to the fish tank. Subsequently, an award was passed and compensation was paid to the beneficiaries. However, the said land was not allotted for any public purpose. Taking advantage, the petitioners have dug the fish tank in their lands without seepage channel and encroached the part of the land acquired by the Government and formed embankment to the fish tank. The land acquired previously was identified for issuance of house sites to the landless poor under "Navaratnalu-Pedalandariki Illu" Scheme. The layout was prepared and plots were distributed to the eligible beneficiaries. The petitioners submitted a representation, not to interfere with an extent of Ac.0.19 cents being used to reach their aqua tank. The petitioners constructed a gate illegally and not allowing the assignees/ beneficiaries of the house sites to use that path way. 6. The petitioners initially filed W.P.No.11166 of 2020 claiming ownership of Ac.0.19 cents in R.S.No.1062 and 1065 of Agadallanka Village of Bhimadolu Mandal. The petitioners' grievance in that writ petition is also that the respondents are trying to occupy Ac.0.19 cents, which is being used by the petitioners. The W.P.No.11166 of 2020 is disposed of by an order dtd. 9/7/2020 with a direction to dispose of the representations dtd. 23/6/2020. 7. Along with the material papers petitioners filed Ex.P6, the alleged agreement between the petitioners on one hand and Village Revenue Officer and Secretary of Gram Sachivalayam on the another hand. This court is not giving any finding regarding the said arrangement. The main grievance of the petitioners is that the respondents are trying to dispossess them from out of an extent of Ac.0.19 cents in R.S.No.1062 and 1065. Further, the learned Government Pleader would contend that the petitioners encroached the said land without having any right/title. 8. According to the learned Government Pleader, petitioners encroached into the public land. If petitioners encroached into public land, it is open to the authorities to issue notice to the petitioners calling upon them to submit explanation and thereafter pass appropriate orders if necessary by giving personal opportunity. Without following the procedure, the 4th respondent or any other respondents cannot take law into hands. 9. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing the 4th respondent and others to follow due process of law in respect of Ac.0.19 cents in R.S.Nos.1062 and 1065 of Agadallanka Village of Bhimadolu Mandal, Eluru District. Without following the procedure, the 4th respondent or any other respondents cannot take law into hands. 9. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing the 4th respondent and others to follow due process of law in respect of Ac.0.19 cents in R.S.Nos.1062 and 1065 of Agadallanka Village of Bhimadolu Mandal, Eluru District. The 4th respondent shall issue notice to the petitioner within a period of 4 weeks calling upon to submit the explanation. Once the explanation is submitted the 4th respondent shall pass reasoned order within a period of four weeks thereafter. In the meanwhile, pending the said exercise, the respondents shall not interfere with the possession of the petitioners. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed.