Andhra Pradesh High Court - Amravati
Bale Nageswara Rao vs The State Of Andhra Pradesh on 12 January, 2023
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.999 of 2023
Between:
1. Bale Nagewswara Rao, S/o B. Sahadevudu,
Hindu, aged about 53 years,
Occ: Cultivation, R/o. House No.31-34-7,
Viyyannapeta, Agadallanka,
Bhimadole Mandal,
Eluru District and 6 others.
... Petitioners
And
1. The State of A.P rep by its Principal Secretary,
Revenue Department, A.P. Secretariat Buildings,
Velagapudi, Amaravati, Guntur District and 3 others.
...
Respondents
Counsel for the petitioners : Mr. Namburi
Sreemannarayana
Counsel for respondents : Learned Government
Pleader for Revenue
ORDER:
This writ petition is filed seeking the following relief:
"to issue a Writ, Order or Direction more particularly one
in the nature of Writ of Mandamus declaring the action of
the respondents, particularly respondent No.4 in trying to
encroach the land admeasuring Ac.0.19 cents situated in
R.S. No.1062 and 1065 of Agadallanka Village, Bhimadole
Mandal, Eluru District, which is using by the petitioners
for ingress and aggress to their Fish Tanks and
Agricultural Fields without following due process of law as
bad, illegal, arbitrary, unjust, improper, contrary to law,
amounts to colourable exercise of power, amounts to non-
application of mind, contrary to Judgment of this Hon'ble
Court dated 09.07.2020 in WP.No.11166 of 2020 and in
violation of principles of natural justice guaranteed under
Article 14, 16 and 300-A of the Constitution of India and
consequently direct the respondents, not to interfere with
the peaceful possession, enjoyment and easement rights of
the petitioners over the land admeasuring Ac.0.19 cents
situated in R.S.No.1062 and 1065 of Agadallanka Village,
Bhimadole Mandal, Eluru District".
2. Petitioners asserted in the affidavit that they are aqua
farmers of "KASULOTHA CHEPALA CHERUVU" of
Agadallanka Village of Bhimadolu Mandal. The Government
acquired the land to an extent of Ac.7.83 cents in
R.S.Nos.1062 and 1065 in the year 2012 under the Land
Acquisition Act, 1894 from Sri Ghantasala Krishna Rao and
others and an award was passed to that effect.
3. According to the petitioners, an extent of Ac.0.19 cents
is being used by the petitioners to reach the fish tank in
Sy.Nos.1062 and 1065. The grievance of the petitioners is
that without issuing any notice, the 4th respondent trying to
encroach upon Ac.0.19 cents with an intention to distribute
house site pattas to the landless poor under "Navaratnalu-
Pedalandariki Illu" Scheme. Hence, the present Writ Petition.
4. Heard learned counsel for the petitioners and learned
Government Pleader for Revenue.
5. Learned Government Pleader on instructions submits
that an extent of Ac.7.83 cents in R.S.Nos.1062 and 1065 of
Agadallanka Village of Bhimadolu Mandal was acquired in
the year 2012. Subsequently, an award was passed and
compensation was paid to the beneficiaries. However, the
said land was not allotted for any public purpose. Taking
advantage, the petitioners have dug the fish tank in their
lands without seepage channel and encroached the part of
the land acquired by the Government and formed
embankment to the fish tank. The land acquired previously
was identified for issuance of house sites to the landless poor
under "Navaratnalu-Pedalandariki Illu" Scheme. The layout
was prepared and plots were distributed to the eligible
beneficiaries. The petitioners submitted a representation, not
to interfere with an extent of Ac.0.19 cents being used to
reach their aqua tank. The petitioners constructed a gate
illegally and not allowing the assignees/ beneficiaries of the
house sites to use that path way.
6. The petitioners initially filed W.P.No.11166 of 2020
claiming ownership of Ac.0.19 cents in R.S.No.1062 and
1065 of Agadallanka Village of Bhimadolu Mandal. The
petitioners' grievance in that writ petition is also that the
respondents are trying to occupy Ac.0.19 cents, which is
being used by the petitioners. The W.P.No.11166 of 2020 is
disposed of by an order dated 09.07.2020 with a direction to
dispose of the representations dated 23.06.2020.
7. Along with the material papers petitioners filed Ex.P6,
the alleged agreement between the petitioners on one hand
and Village Revenue Officer & Secretary of Gram
Sachivalayam on the another hand. This court is not giving
any finding regarding the said arrangement. The main
grievance of the petitioners is that the respondents are trying
to dispossess them from out of an extent of Ac.0.19 cents in
R.S.No.1062 and 1065. Further, the learned Government
Pleader would contend that the petitioners encroached the
said land without having any right/title.
8. According to the learned Government Pleader,
petitioners encroached into the public land. If petitioners
encroached into public land, it is open to the authorities to
issue notice to the petitioners calling upon them to submit
explanation and thereafter pass appropriate orders if
necessary by giving personal opportunity. Without following
the procedure, the 4th respondent or any other respondents
cannot take law into hands.
9. Considering the facts and circumstances of the case,
the Writ Petition is disposed of directing the 4th respondent
and others to follow due process of law in respect of Ac.0.19
cents in R.S.Nos.1062 and 1065 of Agadallanka Village of
Bhimadolu Mandal, Eluru District. The 4th respondent shall
issue notice to the petitioner within a period of 4 weeks
calling upon to submit the explanation. Once the explanation
is submitted the 4th respondent shall pass reasoned order
within a period of four weeks thereafter. In the meanwhile,
pending the said exercise, the respondents shall not interfere
with the possession of the petitioners. No order as to costs.
Miscellaneous petitions, if any pending, in this case,
shall stand closed.
_______________________________
JUSTICE SUBBA REDDY SATTI
Date : 12.01.2023
AG/PMK
HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.1037 of 2023
Date : 12.01.2023
TM
