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2024 DIGILAW 1329 (AP)

Yerramsetti Sridevi v. State of Andhra Pradesh

2024-09-20

RAVI CHEEMALAPATI

body2024
ORDER : (Ravi Cheemalapati, J.) : Questioning the letter of respondent No.3 vide R.C.D.T/68/2020 dated 14.04.2021 addressed to respondent No.4 to depute police personnel for removal of encroachments in R.S.No.552 of Lakshmipuram village, Challapalli Mandal, Krishna District, the present Writ petition is filed. 2. The case of the petitioners is that the land in R.S. No. 552 is a Rythuvari patta land and respondent No.5 purchased an extent of Ac.0.35 cents from his vendor vide document No.1486/2010 dated 06.09.2010. The petitioners are in possession of the property in R.S.Nos.124, 126 and 127 of Challapalli village. The proceedings for regularization of house sites in favour of the petitioners dated 17.11.1999 under G.O.Ms.No.508 dated 20.10.1995 and G.O.Ms.No.972, dated 04.12.1998 and also the resolution No.206 dated 08.09.2000 of the Grama Panchayat, Challapalli are still pending consideration before the competent authorities and the same is well within the knowledge of respondent No.3. The petitioners are in possession and enjoyment of the property since decades in R.S.Nos.124, 126 & 127 which is within the limits of the Grama Panchayat, Challapalli, on the point of territorial jurisdiction, now the Grama Panchayat, Lakshmipuram collected house tax. It is the further case of the petitioners that since there is a dispute with regard to identity of the property in between the petitioners and respondent No.5, respondent No.5 filed a suit in O.S. No.38 of 2017 on the file of the Court of Principal Junior Civil Judge at Avanigadda for permanent injunction and obtained an ex parte decree against the petitioner Nos.2 and 7 by restraining them and their men from ever interfering with the peaceful possession and enjoyment of respondent No.5 over the plaint schedule property. Respondent No.5, though obtained ex parte decree, did not file any Execution Petition till date and no order was passed by the Principal Junior Civil Judge’s Court providing police assistance as stated by respondent No.3 in proceedings dated 14.04.2021. It is the further case of the petitioners that without invoking the provisions of the Andhra Pradesh Land Encroachment Act, 1905, at the behest of third parties, without going into the judgment and decree, simply addressed a letter dated 14.04.2021 to respondent No.4 seeking police assistance for removal of encroachments in the private land. Now the respondent authorities, without there being any order from the competent authority, are making efforts to dispossess the petitioners from the property highhandedly. Now the respondent authorities, without there being any order from the competent authority, are making efforts to dispossess the petitioners from the property highhandedly. Aggrieved by the same, the present Writ Petition is filed. 2. Heard Sri P.Raja Sekhar, learned counsel for the petitioners, Sri Srinu Babu, learned Assistant Government Pleader for respondent Nos.1 to 3 and Smt. Kumari, learned counsel for respondent No.5. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit, contended that the Tahsildar has no power or authority to address a letter to the Station House Officer, Challapalli to depute police personnel for removal of encroachments in Challapalli village. If at all the Tahsildar comes to a conclusion that the land belongs to the petitioners is a Government land and needs to be evicted, he has to invoke the provisions of Andhra Pradesh Land Encroachment Act, 1905 and take steps in that regard. In so far as the suit filed by respondent No.5 is concerned, though ex parte decree granted, till today, respondent No.5 did not file any Execution Petition alleging violation of decree. The Tahsildar, in clear abuse of process, has issued the impugned proceedings. If such proceedings subsist, the police may interfere with the petitioners’ property and dispossess the petitioners from the subject property. As such, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader, on counter submitted that the petitioners occupied PWD canal/Margin bund in R.S.No.124, 126 and 127 of Challapalli village and the patta land of respondent No.5 is in R.S.No.552 of Lakshmipuram village of Challapalli Mandal. He further submitted that only to implement the decree and judgment passed in O.S.No.38 of 2017, police protection has been sought for and the petitioners cannot question the internal correspondence between the Tahsildar and police. The Writ Petition is misconceived and prayed to dismiss the Writ Petition. 5. Learned counsel appearing for respondent No.5, on counter, submitted that the petitioners cannot have any grievance against the impugned proceedings. In view of law and order problem, respondent No.3, by the impugned proceedings, requested respondent No.4 to provide police protection, as such, there is no illegality or irregularity in the proceedings of respondent No.3. Moreover, the petitioners have no right over the subject land. Hence, prayed to dismiss the Writ Petition. 6. In view of law and order problem, respondent No.3, by the impugned proceedings, requested respondent No.4 to provide police protection, as such, there is no illegality or irregularity in the proceedings of respondent No.3. Moreover, the petitioners have no right over the subject land. Hence, prayed to dismiss the Writ Petition. 6. Perused the record and considered the submissions made by both the learned counsel. 7. It is not in dispute that Original Suit No.38 of 2017 on the file of the Court of Principal Junior Civil Judge at Avanigadda has been filed by respondent No.5 against petitioner Nos.2, 4, 7 herein and two others for grant of permanent injunction and the said suit has been decreed in favour of respondent No.5 against petitioner Nos.2 and 7 herein. The Tahsildar has addressed a letter/proceedings to the Station House Officer, Challapalli vide R.C.D.T/68/2020 dated 14.04.2021 requesting to depute police personnel for removal of encroachments in R.S.No.552 of Lakshmipuram village. In the said proceedings, the Tahsidlar has also mentioned the other lands situated in R.S.Nos.124, 126 and 127 of Challapalli village. It is not in dispute that the suit schedule property in O.S.No.38 of 2017 is situated in survey No.552 of Lakshmipuram village only. The petitioners are claiming land in survey Nos.124, 126 and 127 of Challapalli village. The Tahsidlar cannot remove any encroachments in survey Nos.124, 126 and 127 of Challapalli village and if he comes to a conclusion that the said lands are Government lands, he has to take steps by invoking the provisions of Andhra Pradesh Encroachments Act, 1905, but he cannot straight away remove the encroachments in the said land by taking police protection. In so far as land in survey No.552 to an extent of Ac.5.52 cents is concerned, the Tahsildar can as well take the assistance of police only to protect the decree and judgment passed in O.S.No.38 of 2017 on the file of the Court of Principal Junior Civil Judge at Avanigadda. 8. In view of the above and taking the submissions of learned counsel into consideration, this Court is inclined to dispose of the Writ Petition by passing the following order: Respondent Nos.3 and 4-the Tahsildar, Challapalli and the Station House Officer, Challapalli Police Station are directed not to interfere with the lands situated in survey Nos.124, 126 and 127 of Lakshmiuram village, except under due process of law. 9. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.