Shaik Chan Begum vs The State Of Andhra Pradesh,
2023 Latest Caselaw 826 AP

 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

              WRIT PETITION No.3431 OF 2023

ORDER:-

     This writ petition for a Mandamus is filed to declare the

action of respondents 2 and 3 in interfering with the

possession of the petitioner in respect of the land in an extent

of Ac.0.00 ¾ cents covered by Sy.No.542 in Chemumiapet

Village of Kadapa Mandal, bearing new Door No.4/386,

without following due process of law as illegal and arbitrary

and consequently sought direction to respondents not to

interfere with her possession and enjoyment of the said

property.

2. Heard learned counsel for the petitioner, learned

Assistant Government Pleader for Municipal Administration

and Urban Development appearing for 1st respondent and Sri

Suresh Kumar Reddy Kalava, learned Standing Counsel for

Municipal Corporation appearing for respondents 2 and 3.

3. As per the case pleaded by the petitioner, she is the

owner of the land in an extent of Ac.0.00 ¾ cents covered by

Sy.No.542 bearing new Door No.4/386 of Chemumiapet Village

of Kadapa Mandal and that she got the said property under a

registered gift deed executed by her mother in the year 1986

and that she has been now constructing a compound wall in

her property and respondents 2 and 3 have been obstructing

her from constructing the said compound wall and trying to

demolish the same without following any due process of law.

4. It is her case that earlier when some third parties

interfered with her possession and enjoyment of the said

property, that she has filed a suit in O.S.No.476 of 2022 on the

file of learned Principal Junior Civil Judge, Kadapa and the

defendants therein did not contest the suit and they remained

ex parte and an ex parte judgment for permanent injunction

was also granted in her favour.

5. Sri Suresh Kumar Reddy Kalava, learned Standing

Counsel for respondents 2 and 3, on written instructions,

would submit that the northern boundary of the property of

the petitioner is "Sandhu rasta" i.e. a public pathway and

complaints are received from the inmates of the locality in

Spandana programme that the petitioner has been

constructing a compound wall on the said public pathway and

a survey that was made revealed that the petitioner has been

constructing the said compound wall on public passage

causing obstruction to the inmates of the locality and a town

survey report is also received to that effect. Therefore, he

would submit that as there was an encroachment made on to

the road, that steps are being taken to remove the said

obstruction on the public pathway. He has also placed on

record the written instructions received by him from the

Commissioner of Municipal Corporation, Kadapa to that effect.

6. Even if it is found that the petitioner has encroached on

to the public pathway and has been constructing a compound

wall illegally, the respondents have to follow the due process of

law to remove the said obstruction by giving prior notice to the

petitioner and after making necessary enquiry as contemplated

under law, then steps are to be taken to demolish the

compound wall if it is ultimately found that it was constructed

on a public pathway on the northern side of the property of the

petitioner. Admittedly, no such notice was given and the due

process of law is not followed by the respondents.

7. Therefore, in the said facts and circumstances of the

case, the Writ Petition is disposed of with a direction to the

respondents 2 and 3 to follow due process of law by giving

prior notice to the petitioner calling for his explanation and to

make necessary enquiry to find out whether the petitioner has

encroached on to the public pathway and has constructed the

compound wall. If it is found that there was an encroachment

made on the public pathway, the respondents have to take

appropriate steps for its demolition according to law. The said

exercise of giving notice and following due process of law shall

be completed within six (06) weeks from the date of this order.

Till the said notice is given and enquiry is concluded, as

directed supra, the respondents shall not take any steps for

demolition of the compound wall and the petitioner also shall

not proceed with further construction of the compound wall.

There shall be no order as to costs.

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

this Writ Petition, shall stand closed.

_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

Date : 13-02-2023 ARR

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

WRIT PETITION No.3431 OF 2023

Date : 13-02-2023

ARR