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THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.4028 OF 2021
ORDER:-
This writ petition is filed for the following relief:
"....to issue writ order or direction more
particularly one in the nature of Writ of
Mandamus declaring action of the respondents
in erecting electric polls and electric lines in open plot admeasuring 407.33 Sq.yards situated at Narkhoda village and Gram Panchayath, Shamshabad Mandal, Ranga Reddy District, Telangana State, of the petitioner as illegal, arbitrary, violative of Article 21 and 300-A of the Constitution of India and further declare the action of the respondents in not considering the representation dated 20.01.2021 of the petitioner is also illegal and arbitrary and consequently direct the respondents to remove/shift the electric poles and electric lines from the open plot of the petitioner".
2. Heard Sri Ch.Ravinder, learned Counsel appearing for the petitioner, and Sri R.Vinod Reddy, Page 2 of 8 learned Standing Counsel appearing for the respondents.
3. The learned Counsel for the petitioner submits that the petitioner is the absolute owner and possessor of open plot admeasuring 407.33 Sq.yards, situated at Narkhoda village and Gram Panchayath, Shamshabad Mandal, Ranga Reddy District. Initially the said plot was jointly purchased by the petitioner and one D.Manjula through a registered sale deed No.64/2003 dated 18.01.2003 and thereafter, the said Manjula released her share in favour of the petitioner through registered release deed bearing document No.13495/2005 dated 15.12.2005. The said plot is vacant plot and the petitioner is residing in Hyderabad. Recently when the petitioner visited her plot, she found three electrical poles were erected and electric lines passing through the plot. The respondents have not initiated any proceedings to acquire the petitioner's Page 3 of 8 property nor paid any compensation to the petitioner. There is no necessity to erect the poles through the plot of the petitioner, because already separate lines are available in the village. The petitioner is not residing in the village and taking advantage of that the respondents erected electrical poles and electrical lines in the plot of the petitioner. Immediately, the petitioner made representation to the 2nd respondent on 20.01.2021 requesting them to remove the electric poles and electrical lines erected in her plot duly narrating the entire facts and also by enclosing her title documents and photographs. In spite of the same, the respondents have not taken any action and not given any proper reply to the petitioner. In view of the same, the present writ petition is filed to direct the respondents to remove or shift the electric poles from the plot of the petitioner.
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4. The learned Counsel for the petitioner further submits that the respondents have no right or authority to illegally encroach into the plot of the petitioner without her consent in spite there are existing separate lines in the village since long time.
5. The learned Counsel for the petitioner submitted that the scheduled land is in 'Grama Kantam', and the same not belongs to the Gram Panchayath or the Government and the petitioner acquired the same through registered documents. As per the judgment of this Court in Vunnam Bangarraju Vs. Government of Andhra Pradesh1 no one interfere with the possession of the petitioner and requested to allow the writ petition.
6. The learned Standing Counsel for the respondents submits that the petitioner admitted as 1 2014 (3) ALD 443 Page 5 of 8 schedule plot is situated in Grama Kantam and no one has right over to alienate the same as the land owned by the Gram Panchayath or the State Government. After filing the present writ petition on 03.03.2021 a letter was served to the petitioner informing that three poles have been erected more than ten years back and for the past ten years no person has claimed any right over the land and called upon the petitioner to furnish certified copy of original layout issued by the competent authorities to identify the boundaries of the plot. Till date the petitioner has not submitted any copies to link the documents to trace out her title and possession and sought to dismiss the writ petition.
7. After hearing both sides, this Court is of the considered view that, admittedly as per the documents filed by the petitioner the scheduled land is situated in Grama Kantam. The judgment relied upon by the Page 6 of 8 learned Counsel for the petitioner in Vunnam Bangarraju Vs. Government of Andhra Pradesh (supra), squarely apply to the instant case.
Relevant portion of Vunnam Bangarraju Vs. Government of Andhra Pradesh (supra) is as follows:
9. Grama Kantam is not a Government land and there is no prohibition to undertake transactions on the said lands. In fact, Gramakantam describes the area identified for the purpose of construction of residential houses and incidental structures in a village. It is neither a Government land nor land vested in the village panchayat".
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12. No statutory provision is brought to my notice which prohibit sale of property standing in the name of a particular person, which is classified in the revenue records as Gramakantam. xxxxxx
8. In view of the above judgment of this Court and also the respondents cannot decide the title of the petitioner by encroaching a private land and the Page 7 of 8 respondents have no authority to decide the land whether belongs to Gram Panchayath/Government or belongs to the petitioner. Admittedly, petitioner is the owner of the scheduled plot having acquired through the registered documents and the respondents cannot deny the right of the petitioner over the property saying that it is a Gramakantam land and they have no right to erect electric poles in the schedule plot. The respondents before erecting electrical poles in the schedule plot not issued any notice to any persons or initiated any land acquisition proceedings as per the Indian Electricity Act. Mere erecting electrical poles will not give any right to the respondent-Corporation to continue the same on the ground that the polices were erected poles ten years back, in spite of the request made by the petitioner for removing/shifting the same.
9. The action of the respondents in without issuing any notice to the petitioner and without imitating land Page 8 of 8 any land acquisition proceedings as per Indian Telegraphic Act, erecting poles in the private land of the petitioner is arbitrary and illegal.
10. Accordingly, the writ petition is allowed with a direction to the respondents to remove the electrical poles erected in the scheduled plot of the petitioner i.e. 407.33 Sq.Yards, situated at Narkhonda village and Gram Panchayath, Shamshabad Mandal, Ranga Reddy District within eight (8) weeks from the date of receipt of copy of this order.
11. Miscellaneous petitions, pending if any, shall stand closed. No order as to costs.
_____________________ JUSTICE K.SARATH Date:06/12/2022 trr