S Santhamma vs The State Of Andhra Pradesh
2022 Latest Caselaw 1589 AP

       HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

                WRIT PETITION No.7771 of 2022

ORDER:

The petitioner seeks writ of mandamus declaring the action of

the respondents in trying to dispossess the petitioner from the land

admeasuring an extent of Acres 1.40 cents situated in Survey No.20 of

Varathuru Village, G.D. Nellore Mandal, Chittoor District, by

erecting a board in the schedule land in violation of the decree and

judgment in Appeal A.S.No.170 of 2003, on the file of District

Judge's Court, Chittoor, as illegal and for a consequential direction to

respondents to remove the board erected on petitioner's land.

2. Heard learned counsel for petitioner, Sri K.Rama Mohan and

learned Assistant Government Pleader for Revenue representing on

behalf of the respondents and with their consent, this writ petition is

disposed of at the admission stage.

3. At the outset, the submission of learned counsel for petitioner is

that in A.S.No.170 of 2003, learned Principal District Judge, Chittoor,

while allowing the appeal filed by the petitioner against the

government as well as unofficial third parties passed decree granting

permanent injunction against respondents 3 and 4 in the appeal, i.e.,

the State Government with an observation that the respondents shall

not evict the plaintiff/appellant without following due process of the

law and the said decree in the appeal became final as no further appeal

was carried out by the respondents and ever since, the petitioner has

been peacefully enjoying the subject land and despite the same, of

late, the 4th respondent put up a board in the subject land claiming as

if the subject land is the government land and trespassers will be

prosecuted, which is illegal and unjust. Learned counsel would

submit that so far the respondent authorities have not initiated any due

process of law and no notice has been issued to the petitioner in that

regard.

4. Learned Assistant Government Pleader for Revenue produced a

copy of the written instructions in Roc.A/55/2022, dated 30.03.2022,

issued by the 4th respondent, the substance of which is that in the land

of Acres 5.27 cents in Survey No.20, the respondent authorities have

erected board in the vacant portion of the land and encroachers were

not evicted still. The process of eviction will be done only by

following due process of law and no violation of conditions will be

entertained at any point of time in the light of the judgment of the civil

court.

5. Thus, the submission of the respondents is that only a board has

been erected in the subject land and due process of law will be taken

up in due course. It is seen that admittedly as against the judgment in

A.S.No.170 of 2003, no further appeal has been filed by the

respondents and also admittedly no eviction process has been taken up

by the respondent authorities as against the petitioner and other

alleged encroachers. In that view of the matter, putting up a board

claiming the property as government land at this stage is not

appropriate. As per judgment in A.S.No.170 of 2003, the respondent

authorities can initiate due process of law for eviction of the

encroachers. Till such exercise is undertaken, it is not apposite on the

part of the respondents to put up board.

6. Therefore, while allowing the writ petition, the respondent

authorities, particularly the 4th respondent, is directed to remove the

board put up in the subject land, however, with a liberty to initiate the

due process of law for eviction of the encroachers. No costs.

As a sequel, interlocutory applications, if any, shall stand

closed.

_________________________ U.DURGA PRASAD RAO, J 31.03.2022

Note: Issue C.C. by 06.04.2022 (B/o) SS