Shaik Shahabuddin Salafi vs The State Of Ap
2022 Latest Caselaw 7874 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.33718 of 2022

JUDGMENT:-

1.    Heard Sri S.Madhava Rao, learned counsel for the

petitioner and learned Government Pleader for Medical and

Health for respondent Nos.1 and 2, learned Government Pleader

for the Municipal Administration for respondent No.3, Sri

V.Swaroop, learned Assistant Government Pleader for Revenue

for respondents 4 and 5 and Sri P.Anand Surya, learned

counsel, representing Sri Suresh Kumar Reddy Kalava, learned

Standing Counsel for respondent No.6, Kadapa Municipal

Corporation represented by Commissioner.

2. For the order proposed to be passed issuance of notice to

the unofficial respondent No.7 is dispensed with.

3. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

4. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"For all the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a writ, order or direction one in the nature of writ of Mandamus declaring that the action of the Respondent No.6 in having proclaimed on 12.08.2022 that the extent of Ac. 0.32 cents

in Sy.No.146 of Guduru Revenue Village, within Kadapa Corporation Limits, Kadapa Rural Sub-Division and Kadapa District, AP belonging to the petitioner is Government land but not private land of the petitioner as arbitrary, illegal and violative of Art.14 of the Constitution of India and consequently direct the Respondent Nos.6 and 7 to remove the encroachment made to the extent of Ac.0.10 cents out of Ac.0.32 cents in Sy.No.146 and demolish the construction of the pillars raised in a height of 5 feet on the land and not to make any construction in future on the land of the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Sri S.Madhava Rao, learned counsel for the petitioner

submits that the petitioner is the owner in possession of total

extent of Ac.0.32 cents in Sy.No.146, Guduru Revenue Village

Division, Kadapa Municipal Corporation, Kadapa Rural special

Division, Kadapa District. The petitioner purchased the same

while registered sale deed wherein document No.1690/2009,

dated 12.05.2009 from the previous owner who had purchased

that land from the earlier owner vide registered sale deed

bearing Doc.No.7235/2004, dated 19.10.2004, who in turn had

purchased from T.Ganeshachary under registered sale deed

Doc.No.3877/2004, dated 19.06.2004. Said T.Ganeshachary

issued as Pattadar and Possessor of the land. Since the date of

purchase, land has been in possession and enjoyment of the

petitioner. The same is not the Government land. He further

submits that on 12.08.2020, the officials of the respondent

No.6, Kadapa Municipal Corporation came on spot and

proclaimed that the land in Sy.No.146 belongs to the petitioner

and originally instructed the petitioner to remove the possession

there from alleging it to be an encroachment, for the purposes of

construction of Urban Health Centre at Bhagath Singh Nagar of

Kadapa Municipal Corporation. He further submits that the

construction of the said Urban Clinic is proposed in Sy.No.145

but in fact the official respondents making encroachment over

the petitioner's land of Sy.No.146 to the extent of 10 cents and

started raising construction thereon as well, without any

authority.

6. Sri P.Anand Surya, learned counsel, representing Sri

Suresh Kumar Reddy Kalava for the Kadapa Municipal

Corporation, on the basis of written instructions received from

the Town Planning Officer, dated 15.10.2022 submits that the

Municipal Corporation requested the State through its

authorities to provide suitable land for construction of the

Urban Clinic vide representation dated 28.07.2021 upon which

the Tahsildar, Kadapa vide reference No.B1/318/2022, dated

05.03.2022 under the instructions of District Collector, Kadapa

handed over to the Commissioner of the Municipal Corporation

of an extent of Ac.0.15 cents in Sy.No.145/1 Part in the Village

Guduru. The copy of the certificate dated 05.03.2022 is also

annexed to the instructions received by the learned Standing

Counsel.

7. Sri P.Anand Surya further submits that as per his

instructions, in view of the dispute being raised by the

petitioner that the construction is being raised on some part of

the petitioner's land in Sy.No.146, though the Municipal

Corporation's case is that they are raising construction on the

land given by the Tahsildar of an extent of 0.15 cents in

Sy.No.145/1 Part, the Municipal Corporation has addressed a

letter to the Tahsildar, Kadapa to conduct a survey and furnish

detailed reports but the remark of Tahsildar, Kadapa is awaited.

8. The dispute as to whether the disputed land i.e. Ac.0.10

cents upon which the construction is being raised form part of

Sy.No.145/1 Part given by the Tahsildar to the Municipal

Corporation or it forms part of the Sy.No.146 purchased by the

petitioner, can be determined only by making survey of both the

numbers for which request has already been made by the

Municipal Corporation to the Tahsildar, to submit the report,

which is still awaited.

9. In view of the aforesaid, this writ petition is being

disposed of providing that the District Collector, Kadapa,

respondent No.4 shall ensure that the survey is conducted by

the Revenue officials with due notice to the petitioner as also

the Municipal Corporation at an early date and the report of the

same is furnished to both the parties to enable them to take

further course of action.

10. Till such time survey is conducted and the report is

submitted, no construction shall be raised over the Ac.0.10

cents of the disputed land, which the petitioner claims to be the

part of Sy.No.146. However, it is open to the Municipal

Corporation to raise the construction on the rest of the land, in

its discretion.

11. The writ petition is disposed of with the above

observations and directions.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 17.10.2022 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.33718 of 2022

Date: 17.10.2022

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