Sidde Subbanna vs The State Of Ap
2023 Latest Caselaw 444 AP

      HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO

                   WRIT PETITION No. 6441 of 2020

ORDER:

The present Writ Petition is filed under Article 226 of

Constitution of India, seeking the following relief/s:

"..... to issue, a writ of mandamus to declare the high handed action of the respondents in laying the road on the petitioners lands to an extent of Ac.9.89 Cents in S.No.1518/3 of Chinna Maravapalle Village, Maddinayunipalle, mulakalacheruvu Mandal, Chittoor District without initiating the land Acquisition Proceedings under the Right to fair Compensation and Transparency in Land acquisition Rehabilitation and Resettlement Act 2013 as illegal, improper, unjust, arbitrary, vioaltive of Article 14, 21 and 300A of the Constitution of India and against the principles of natural justice and further direct the respondents not to lay on the road and pass such other order or orders.... "

2. Heard learned counsel for the petitioner and learned

Government Pleader for Roads & Buildings for the respondents.

3. It is the contention of the petitioner that he is the absolute

owner of the land to an extent of Ac.9.89 Cents in S.No.1518/3,

Ac.0.18 Cents in S.No.1512/1 & Ac.1.81 Cents in S.No.1512/2 of

Chinna Maravapalle Village, Maddinayunipalle, Mulakalacheruvu

Mandal, Chittoor District. His father purchased the above said land

vide Registered Sale Deed dated 17.06.1950 from one Puttaparthy

Narasimha Reddy during the life time of his father he has been in the

possession and enjoyment of the land. On his death, the petitioner

herein is in possession and enjoyment of the lands. Basing up on

the possession and enjoyment of lands, the Revenue Authorities have

mutated the name of the petitioner in the revenue records and he

also obtained pattadar pass book and 1-B Namuna (ROR) and

encumbrance certificates.

4. It is further contention of the petitioner that the respondent

Nos.2 to 4 and their staff visited the land on 15.02.2020 and leveled

the land in S.No.518/3 for laying the road in the middle of the lands

of the petitioner. It is the case of the petitioner that the land belongs

to the petitioner, if the same is required for any public purpose, they

should acquire the same by following the due procedure of law and

relevant provisions of the Act, 2013 i.e. Right to Fair Compensation

and Transparency in land Acquisition, Rehabilitation and

Resettlement Act 2013.

5. This Court vide order dated 16.03.2020 has directed to

maintain status quo with reference to subject property of the writ

petition.

6. The 4th respondent herein filed vacate stay petition denying the

averments made in support of the Writ petition. Asserting that the

work was started and progress in Chainage No.0/0 Km to Chainage

No.2/430 km and Chainage No.2/690 km to Chainage No.3/943 Km

and it is further asserted that there is an existing earthen road at

chainage 2/430 KM to Chainage 2/690 further contended that they

are only upgrading the existing earthen road to BT Road. It is the

main contention of the respondents that they are only upgrading the

existing earthen road to B.T. Road.

7. To solve the dispute, this Court feels appropriate to conduct

survey. As per the judgment of the Hon'ble Apex Court in

Madhavrao Scindia (Dead) by Lrs. Vs. Ramesh Jatav and others 1

stated about the necessity of the survey. And the survey to be done

in presence of party likely to be adversely affected and held that the

eviction order cannot be issued without conducting survey only after

issuing notice to the petitioner and considering the objections to the

show cause notice that may be issued after conducting survey. The

petitioners are rightful owners and it was not disputed by the

respondents. Therefore, if the petitioners have to be dispossessed, it

is only in accordance with the provisions of law and the petitioners

cannot be evicted without following due process of law.

8. In view of the above, the respondent authorities are directed to

issue notice for conducting of survey and the survey shall be

conducted in the presence of the petitioners after conducting such

survey and after considering the objections if any made by the

petitioners cause notice to the petitioners for eviction. The

(2006) 1 Supreme Court cases 379

respondents are entitled to take appropriate action by following due

process of law, if there is any encroachment of the government land.

If there is no encroachment, the respondents shall follow due process

of law, if they intended to acquire the land of the petitioners by

paying compensation.

8. With the above said direction, the Writ Petition is disposed of.

No costs

Miscellaneous Petitions pending, if any, shall stand closed.

__________________________________________ JUSTICE TARLADA RAJASEKHARA RAO

Date: 25-01-2023 Harin

HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO

W.P.No. 6441 OF 2020

Date: 25-01-2023

Harin