Rudrapati Papaiah vs State Of Ap
2021 Latest Caselaw 1407 AP

  

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FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY ORES,

(Special Original Jurisdiction)

 

:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION NO: 5345 OF 2021
Between:
Rudrapati Papaiah, S/o. Ramaiah, aged about 86 years, R/o. Chinaravipadu Village,
Chimakurthy Mandal, Prakasam District.
Petitioner
AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and
Rural Development, Secretariat Buildings, Velagapudi Village, Tullur Mandal,
Guntur District.
The Commissioner, Panchayat Raj and Rural Development, Tadepalli, Guntur
District,
The District Collector, Prakasam District at Ongole.
The District Panchayat Officer, Prakasam Bhavan, Prakasam District at Ongole,
The Tahsildar, Chimakurthy Mandal, Chimakurthy, Prakasam District.
The Mandal Parishad Development Officer, Chimakurthy Mandal, Chimakurthy,
Prakasam District.
7. The Chinaravipadu Grama Panchayat, Rep. by its Panchayat Secretary,
Chimakurthy Mandal, Prakasam District.
8 The Station House Officer, Chimakurthy Police Station, Chimakurthy, Prakasam
District. ,

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Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a writ order or orders more particularly one in the nature of Writ of Mandamus
declaring the action of the Respondent Nos. 5 to 8 in trying to construct Rythu Barosa
Kendram and Amul Milk Dairy collecting point in an extent of Ac.0.14 cents site situated
in Sy.No.191/1 of Chinaravipadu Village, which was classifide as Grama Kantam in
Revenue Records, is contrary to Board Standing Orders, without issuing any notice is
being illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of
India and consequently direct the Respondents not to interfere with peaceful possession
and enjoyment of the petitioner and also not to construct Rythu Barosa Kendram and
Amul Milk Dairy collecting point;

1A. NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the Respondents not to evict or interfere with peaceful possession and enjoyment of the
petitioner in an extent of Ac.0.14 cents site situated in Sy.No.191/1 of Chinaravipadu
Village, Chimakurthy Mandal, Prakasam District pending disposal of WP 5345 of 2021,
on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri.Madhava Rao Nalluri
Advocate for the Petitioner, GP for Panchayat Raj and Rural Development for the
Respondent Nos.1, 2 & 4, GP for Revenue for the Respondent Nos.3 & 5, Sri K.Vinodh
K.Reddy, learned Standing Counsel for Respondent No.6 & 7 and of GP for Home for
the Respondent No.8 and the Court made the following.

  
  
 

ORDER:

For respondents 1,2 and 4, learned Government Pleader for Pancahayat Raj appears, for respondents 3 and 5, learned Government Pleader for Revenue appears, for respondents 6 and 7, Sri Vinodh K. Reddy, learned Standing Counsel

appears and for respondent No.8, learned Government Pleader for Home appears.

Heard the learned counsel for the petitioner and Sri Vinodh K.Reddy,

learned Standing Counsel for respondents 6 and 7.

The issue in this case is about the petitioner's occupation of a Grama Kantam land. The petitioner claims to be in settled possession of the land which is admittedly classified as Grama Kantam. The petitioner has filed photographs also to show that he has been in possession of the land. The petitioner is questioning the highhanded action of the respondents and trying to evict him. He also points out that the 8" respondent has sent a constable who is named in paragraph No.5 of the writ petition. The phone number of the said constable and others is also given in the paragaraph No.5 of the writ petition. Questioning the

highhanded action of the respondents, the present writ petition is filed.

Learned counsel for the respondents argues vehemently that it is Grama Kantam land and therefore, it belongs to the Gram Panchayat. He also submits that it is a vacant land and absolutely no papers filed to show that the petitioner is in possession of the property. Therefore, he opposes the granting of any order

and seeks time to get instructions.

Learned Standing Counsel also refers to a recent judgment of Hon'ble Supreme Court and argues that only 200 square yards of land can be possessed

even in a Grama Kantam.

On the contrary, the learned counsel for the petitioner has already filed a case law, which is annexed to the writ petition, including a judgment of the learned Single Judge of the Court, wherein the Board Standing Order is . reproduced. After considering the Board Standing Order, the learned Single

Judge noticed that Ac.0.35 cents of land can be held without assessment.

In the present case, the petitioner is claiming to be in possession of Ac.0.14 cents. If as per the Board Standing Order, the land is not assessed, it is not possible for the petitioner to file any proof of possession. This issue is however left open for the respondents to file a counter and if necessary to show the lack of possession. Prima facie, this Court is convinced with the petitioner's

possession, particularly, as in villages in open lands sometimes it is difficult to

get clear proof of possession by paying tax more so when the land is Grama

Kantam. It is only a prima facie opinion being expressed.

List on 19.3.2021 for counters.

Till then, the respondents shall not interfere into the possession of petitioner.

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Sd/-M.RameshBabu Ga REGISTRAR Cf

TRUE COPY!/ SECTION OFFICER For / To,

1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District.

The Commissioner, Panchayat Raj and Rural Development, Tadepaili, Guntur District, The District Collector, Prakasam District at Ongole. The District Panchayat Officer, Prakasam Bhavan, Prakasam District at Ongole, The Tahsildar, Chimakurthy Mandal, Chimakurthy, Prakasam District. The Mandal Parishad Development Officer, Chimakurthy Mandal, Chimakurthy, Prakasam District.

7, The Panchayat Secretary, Chinaravipadu Grama Panchayat, Chimakurthy Mandal, Prakasam District.

8. The Station House Officer, Chimakurthy Police Station, Chimakurthy, Prakasam District. (1 TO 8 by RPAD)

9. One CC to Sri Vinodh K. Reddy, Standing Counsel [OPUC]

10.One CC to SRI. MADHAVA RAO NALLURI Advocate [OPUC] c ,

11.Two CCs to GP FOR PANCHAYAT RAJ & RAL DEVELOPMENT, High Court Of " Andhra Pradesh. [OUT]

12. Two CCs to GP FOR HOME, High Court Of Andhra Pradesh. [OUT]

13. One spare copy SRL

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HIGH COURT

DVSSJ

DATED:05/03/2021

NOTE: LIST ON 19.03.2021 FOR COUNTERS

ORDER

WP.No.5345 of 2021

DIRECTION

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