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2024 DIGILAW 1332 (AP)

Budda Pydithallamma, W/o. Sri Tarakaram v. Government of Andhra Pradesh rep by its Secretary, Department of Revenue (Endowment-I) Secretariat, Hyderabad

2024-09-20

K.MANMADHA RAO

body2024
ORDER : (K. MANMADHA RAO, J.) WP No.24625 of 2012 is filed under Article 226 of the Constitution of India, for the following relief: “…… to issue any Writ order or direction one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularising of petitioners occupation of the land to an extent of 200 sq yards each in S No.275 of Adivivaram, Visakhapatnam District, bearing Door NO 18-37//3 under Assessment No.20110910022 and Door No.18-37/2 and Assessment No 20110910021 respectively, as illegal, arbitrary, bad in law violative of Art 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to pass orders regularising their occupation and pass……” WP No.21398 of 2012 is filed under Article 226 of the Constitution of India, for the following relief: “….to issue any Writ order or direction one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularising the petitioners occupation of the land to an extent 2500 sq meters in S No 275 of Adivivaram, Visakhapatnam District, as illegal, arbitrary bad in law violative of Art 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent……” 2. As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order. 3. Since the facts in both the writ petitions are similar and identical, therefore WP No.24625 of 2012 is taken as lead case, and the facts therein hereinafter will be referred to for convenience. 4. The facts of the case are that the petitioners are having an extent of 200 sq.yds., each in Sy No.275 of Adivivaram, Visakhapatnam District. As per municipal records they have been in possession and enjoyment of the said lands. The Government pursuant to the judgment of this Hon'ble Court, issued G.O.Ms.No.578 Revenue (Endowments-IV), dated 19-8-2000 prescribing guidelines and the amounts that are to be collected for regularization and issuance of no objection certificate by the 2nd Respondent. Thereafter, the petitioners approached the Respondents with an application on 30-5-2012 to regularize occupation of their land owned and possessed by them, who in-turn refused to receive applications, despite clear directions of the Government in G.O.Ms.No.578, dated19-8-2000. Thereafter, the petitioners approached the Respondents with an application on 30-5-2012 to regularize occupation of their land owned and possessed by them, who in-turn refused to receive applications, despite clear directions of the Government in G.O.Ms.No.578, dated19-8-2000. Though the application of the petitioners has been received by the 2nd respondent, he did not pass any orders nor is allowing the petitioners to make any constructions, though the land owned by them a patta land. The petitioners submitted plan for proposed construction of the building on the said land and basing on the approved plan, the petitioners constructed the building and they are regularly paying the municipal tax. It is further stated that the officers of the 2nd Respondent visited the subject land several times and found that it is a patta land, but not issuing NO OBJECTION certificate for the purpose of making permanent construction. On the other hand, the officials of the 2nd Respondent are coming regularly and threatening the petitioners that they will be dispossessed from their land and they will not accept their application. Hence, questioning the action of the respondents, the present writ petition has been filed. 5. This Court vide order dated 16.07.2012 in WP No.21398 of 2012, while issuing Notice before admission, has granted interim order that “status quo shall be maintained by both the parties, until further orders”. 6. The counter affidavit has been filed by the 2nd respondent in WP No.21398 of 2012. While denying the allegations made in the petition, inter alia, contended that, the respondent Devasthanam is maintaining a land protection wing headed by Assistant Executive Officer to protect the Devasthanam lands situated in 5 villages namely 1) Adivivaram, 2) Vepagunta 3) Venkatapuram 4) Purushothapuram and 5) Cheemalapalli including the lands covered by S.No.275 of Adivivaram(v). The land protection wing is empowered for prevention of further encroachments and constructions of the individuals in the lands belonging to Simhachalam Devasthanam. Further it is stated that with regard to interim order in W.P.M.P.No.8012/2009 in W.P.No.6132/2009, the Devasthanam has filed its vacate petition in that case and it is pending for adjudication and the said case is not relevant to the facts of this case. Further it is stated that with regard to interim order in W.P.M.P.No.8012/2009 in W.P.No.6132/2009, the Devasthanam has filed its vacate petition in that case and it is pending for adjudication and the said case is not relevant to the facts of this case. It is further stated that the Hon'ble Division Bench of this Hon'ble Court was pleased to consider the similar claim of the occupant in W.A.No.536/ 2010 filed against the order in W.P.No.22/2010 and held that in the absence of valid application made before the cut of date i.e., 30-04-2004, the petitioners cannot maintain writ petition seeking regularization under G.O.Ms.No.578 and only course left open is the process and that the provisions of Endowments Act and cannot seek any relief under the said G.O., vide order dated 07-09-2010. The present case also squarely covered by the said Judgment. Further, in view of the large scale encroachments that are made by unscrupulous elements in the lands belonging to the respondent Devasthanam, appropriate proceedings have been initiated by the respondent in the High Court of Andhra Pradesh in W.P.No.4416/09 and the Honorable High Court granted an order directing the respondents Commissioner, G.V.M.C. and Vice Chairman, VUDA, Visakhapatnam not to grant any construction permissions, accord approvals for the layouts and individual houses, laying roads and drains etc. in the lands belonging to Simhachalam Devasthanam situated in villages namely 1) Adivivaram 2) Vepagutna 3) Purushothapuram 4) Venkatapuram and 5) Chemmalapalli covered under ryothwari pattas granted by the concerned M.R.Os to the subject Temple. Moreover, the entire area in Sy.No.275 belong to this respondent Temple and as such the petitioners are not entitled to seek any relief with regard to the said lands. It is relevant to submit that both the Government and the VUDA earmarked entire subject area in S.No.275 of Adavivaram Village as GREEN BELT in both the draft and Master plan of VUDA. Thus no developmental activities can be carried on by anybody in S.No.275 of Adivivaram. The Devasthanam has filed a W.P.No.3184 of 2009 on the file of the High Court against the Commissioner, G.V.M.C., Visakhapatnam and Vice-Chairman, VUDA, Visakhapatnam and got interim direction on 19.2.2009 in W.P.M.P.No.4133 of 2009 in W.P.No.3184 of 2009 against the Respondents not to entertain or grant any building permission either for residential or commercial purpose to any person in the land in any part of Sy.No.275 of Adivivaram, China Gadili Mandalam, Visakhapatnam District. It is further stated that the petition as framed is not maintainable under Law. Further the petitioners have no enforceable right for issuing a writ of mandamus as prayed for. 7. Heard Smt. A.V.S. Lakshmi, learned counsel appearing for the petitioners and learned Assistant Government Pleader for Endowments appearing for the respondents. 8. On hearing, learned counsel for the petitioners while reiterating the contents made in the petition, request this Court to issue a direction to the respondents for regularizing the petitioners occupation and pass appropriate orders. 9. On the other hand, learned Assistant Government Pleader has also while reiterating the contents made in the counter affidavit, submits that, on the basis of G.O.MS.No.406, Revenue (Endts.IV) Department, dated 20.06.2000, declaring that the entire hill of Ac 5279.57 cts. Situated at Adivivram (v) should belong to Devasthanam notwithstanding anything contained in the proceedings of the Mandal Revenue Officer, Visakhapatnam (R) in the subject matter of Inam proceedings. On the basis of the said G.O., this High Court, as per order, dated 28.9.2000 allowed the compromise petition in WP No.32800 of 1997 filed by both the Departments of Revenue and Devastham. So the order of this Hon’ble High Court has become final. Therefore, Sri VLN Swamy Devasthanam is the absolute owner of the land Ac 5279.57 cts., covered by Sy No.275 of Advivaram (v). Hence, the petitioners have no right to question the action of the 2ndrespondent Devasthanam in any way particularly the actions in the process of protecting the land from encroachments. 10. Perused the material on record. 11. It is contention of the petitioners that they are in peaceful possession and enjoyment of the subject land by raising a house by paying Panchayat Tax and now Municipal Tax and as per the Municipal records they have been in possession and enjoyment of the subject lands. It is also the contention of the petitioners that the Government pursuant to the orders of this Court, have issued G.O.Ms.No.578 Revenue (EndowmentsIV) dated 19.8.2000 prescribing guidelines and the amounts that are to be collected for regularization and issuance of No Objection certificate by the 2 nd respondent. 12. But, whereas, it is the contention of the respondents that the above said G.O. is only intended for regularization of encroachments in Devasthanam lands for a specific period ended by 30.4.2004. 12. But, whereas, it is the contention of the respondents that the above said G.O. is only intended for regularization of encroachments in Devasthanam lands for a specific period ended by 30.4.2004. Thereafter, the said G.O was superseded by issue of another G.O.Ms.No.253 Revenue (Endts-IV) Department, dated 3.3.2005 by constituting a Committee of 4 numbers of MLAs of Visakhapatnam district and 4 numbers of officials and the said Committee was directed to expedite the long pending issues relating to regularization of the encroachment/occupation of lands of Sri VLN Swamy Devasthanam, Simhachalam in the interest of the institution and advise the Commissioner, Endowments Department, for settlement under Section 89 of A.P. Endowments Act 30/87 within a period of 3 months from the date of the constitution. 13. Having regard to the facts and circumstances of the case and on hearing the submissions of both the learned counsels, this Court is inclined to dispose of the writ petitions while declaring the action of the 2nd respondent in interfering with the peaceful possession and enjoyment of residential land of the petitioners in S.Nos.275 and 275/P of Adivivaram, Visakhapatnam District, as illegal and arbitrary. 14. Accordingly, both the Writ Petitions are disposed of. The 2nd respondent is directed not to interfere with the petitioner’s subject land. If at all, there are any disputes with regard to subject land, the 2 nd respondent authority shall follow due process of law by duly issuing a notice to the petitioners, as contemplated under law. Till then, the respondent authorities are directed not to dispossess the petitioner from the subject land. 15. There shall be no order as to costs. 16. As a sequel, all the pending miscellaneous applications shall stand closed.