THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
Writ Appeal No.428 of 2020
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 29.01.2020 passed by the learned Single Judge in
W.P.No.1798 of 2020.
The facts of the case reveal that the writ petition
was preferred by one Mangali Narayana, who is the
respondent No.1 in the present appeal, stating that a
notice has been issued on 24.12.2019 by the Gram Panchayat in respect of a private property and to vacate the said house. It was stated before the learned Single Judge that he is residing in the said house since 1996, it is his private property and all documents relating to the building permission, house tax receipt, permission letter issued by the Sarpanch, electricity bills etc., were produced before the Gram Panchayat. In spite of the aforesaid, he was directed to vacate the house by removing the belongings and in those circumstances, the writ petition was preferred.
The learned Single Judge has allowed the writ petition, as the house in question was on a private property and it was not an encroachment. The order 2 passed by the learned Single Judge reveals that a civil suit in O.S.No.49 of 2015 filed for partition by one Baddula Komuraiah and others in respect of the same property is pending.
By taking assistance of the Gram Panchayat, the appellant herein wanted to dispossess the respondent No.1 in the appeal and therefore, in the considered opinion of this Court, the learned Single Judge was justified in quashing the notice dated 24.12.2019.
In the open Court, the learned counsel for the appellant has stated that the respondent No.1 in the appeal has constructed the house over the appellant's portion of the land. In case the respondent No.1 in the appeal has constructed the house over the land belonging to the appellant, the appellant is certainly having a right to file a civil suit and to proceed ahead in accordance with law.
In the considered opinion of this Court, once the appellant is before the civil court, he is certainly free to adduce evidence in respect of their rights relating to the title of the property and the civil court shall be free to decide the matter in accordance with law. This Court does not find any reason to interfere with the order passed by the learned Single Judge.
3
The writ appeal is accordingly dismissed. The miscellaneous applications pending in this writ appeal, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ A.RAJASHEKER REDDY, J 18.11.2021 vs