Andhra Pradesh High Court - Amravati
Chinna Fakruddin vs B Earaiah on 12 December, 2023
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Appeal No.1054 of 2023
Chinna Fakruddin,
S/o. Shaik Nadipi Basha,
Aged about 45 years,
Resident of Kaveti Samudram Village,
Tadipatri Mandal, Anantapuramu District.
..Appellant
Versus
B. Earaiah, S/o. B. Veeranna,
Aged about 54 years, Occ: Casual labour,
Resident of D.No.1-246, Kaveti Samudram Village,
Tadipatri Mandal, Ananthapuramu District & four others.
...Respondents
Counsel for the Appellant : Mr. Syed Kaleemulla
represented by Mrs. K. Renu
Chakravarthy,
Counsel for respondent No.1 : Mr. N. Chandrasekhar Reddy
Counsel for respondent Nos.2 to 5 : Government Pleader for
Revenue.
Dt.: 12.12.2023
P.C:
The present writ appeal under Clause 15 of the Letters Patent
has been preferred against the judgment and order dated
29.08. 2023 in W.P.No.22370 of 2023.
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WA_1054_2023
2. It appears that the writ petition was filed by the
petitioner - respondent No.1 herein in which it was alleged that the
official respondents i.e., the District Collector and the Revenue
Divisional Officer were not taking any action against the appellant
herein, who figured as respondent No.5 in the writ petition for
restoration of possession of the land measuring approximately
Ac.0.03 cents in Survey No.291 situate at Kaveti Samudram
Village, Tadipatri Mandal, Ananthapuramu District.
3. A perusal of the document relied upon by the petitioner
would make it clear that the same was an Occupation Certificate,
dated 29.06.2022, certifying the petitioner to be in occupation of
Ac.0.03 cents in Survey No.291, out of a total extent of Ac.24.12
cents, which was classified as Gramakantam land in the said
village.
4. It appears that after the grant of the Occupation
Certificate, the petitioner was claiming dispossession and therefore,
had sought restoration of his possession with regard to the land in
question.
5. Based upon the averments so made before the learned
single Judge, the writ petition was disposed of with a direction to
the 4th respondent i.e., the Tahsildar, Tadipatri Mandal, to take
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WA_1054_2023
appropriate action in accordance with law, pursuant to the
communication dated 06.06.2023, issued by the Revenue Divisional
Officer, Ananthapuramu, to the Sub-Divisional Police Officer as also
the Tahsildar, Tadipatri.
6. Mrs. K. Renu Chakravarthy, learned counsel
representing Mr. Syed Kaleemulla, learned counsel for the
appellant, would submit that the appellant has been in possession of
the land in question for a number of years and that based upon the
directions issued by the learned single Judge, the appellant is being
sought to be evicted even when the nature of dispute being civil in
nature ought to have been agitated before a civil Court.
Apart from that, it is stated that even according to the
Occupation Certificate issued by the Tahsildar, the land in question
is Gramakantam land and, therefore, according to the settled
position of law, the Tahsildar or the revenue authorities would not
have any right to interfere with the possession of the appellant over
the land in question and it is only the panchayat authorities that
would have the jurisdiction to deal with the same.
7. Having heard learned counsel for the parties, we are of
the opinion that the dispute raised in the present writ appeal is in
the nature of a civil dispute with regard to the possession over the
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WA_1054_2023
land in question and the same could not have been directed to
decide based only upon an Occupation Certificate issued by the
Tahsildar and the dispute ought to have been settled before a civil
Court.
8. Be that as it may, we allow the Writ Appeal and the
judgment and order dated 29.08.2023 in Writ Petition.No.22370 of
2023 is set aside, leaving it free to the parties to avail their legal
remedies. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
Vjl
CJ & RRR, J
WA_1054_2023
HON'BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Dt: 12.12.2023
Vjl
