".... To Issue A Writ vs D.Nos.2/159
2023 Latest Caselaw 3500 AP

       THE HON'BLE DR.JUSTICE K. MANMADHA RAO

                Writ Petition No.17444 of 2023

ORDER:-

      This Writ Petition is filed, under Article 226 of the

Constitution of India, 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
       Respondents in establishing a Municipal Park in the

Petitioner's house site in an extent of Ac.0.03 ½ cents in D.Nos.2/159, 2/160, 2/161 within the boundaries East: House of Ipparla Ramachandraiah's, West: Petitioner site, South: Petitioner site, North: Road and site of P.Srinivasulu in Ward No.37, near Chinna Chowk, Kondayapalle area, Kadapa Municipal Corporation, which is illegal, irregular, arbitrary, unconstitutional against to the Principles of Natural Justice, contra to the provisions of Hyderabad Municipal Corporations Act 1955 and in violation of Articles 14, 19, 21 and 300A of Constitution of India, consequently direct the Respondents not to interfere or disposes the Petitioner from the house site in an extent of Ac.0.03 ½ cents in D.Nos.2/159, 2/160, 2/161 within the boundaries East:House of Ipparla Ramachandraiah's, West: Petitioner site, South: Petitioner site, North: Road and site of P.Srinivasulu in Ward No.37, near Chinna Chowk, Kondayapalle area, Kadapa Municipal Corporation."

2. Heard Mr.Narasimha Rao Gudiseva, learned counsel for the

petitioner, learned Government Pleader for MA & UD, appearing

for the Respondent Nos.1 and 2, Mr.Suresh Kumar Reddy Kalava,

learned Standing Counsel, appearing for the Respondent No.3

and learned Government Pleader for Revenue for the Respondent

No.4. Perused the material on record.

3. Learned counsel for the petitioner submits that, the

petitioner is the absolute owner of house site in an extent of

Ac.0.03 ½ cents in D.No.2/159, 2/160 and 2/161. He has

purchased the said house from one Akula Krishna Kumar vide

registered Sale Deed No.3034/223, dated 06.05.2013. As the

said house is in dilapidated condition, it was removed and it

became vacant site. While the things stood thus, the revenue

officials along with Endowment Authorities have threatened the

petitioner to dispossess from the subject site. Thereafter, the

petitioner filed O.S.No.870 of 2019 on the file of the Court of the

Principal Junior Civil Judge-Cum-Judicial Magistrate of First Class,

Kadapa and it was decreed on 01.07.2022 in favour of the

petitioner. Learned counsel for the petitioner submits that, since

the date of decree and judgment in O.S.No.70 of 2019, the

respondents authorities have not interfered with his possession.

However, when the petitioner intending to construct a residential

building in the said site, the staff of 3rd respondent-corporation

has visited the subject site and took measurements. When the

petitioner questioned their highhanded action, they have

informed that they are going to establish a Municipal Park in the

said site. Learned counsel for the petitioner also submits that,

when the petitioner has approached the 3rd respondent

Commissioner along with the necessary documents, he has

replied that they have already taken a decision to establish the

Park in the said site. Aggrieved, he filed the present Writ Petition.

4. On the other hand, the learned Standing Counsel appearing

for the 3rd respondent-corporation has furnished a copy of the

written instructions before this Court stating that, as per the

records of the Registration and Stamps Department, the Survey

No.145, measuring 1.44 acres, is classified as prohibited property

and is in the name of the Commissioner of Endowments

Department. Earlier, the Tahsildar, Kadapa, has protected the

alleged site by erecting fencing and notice boards. However, they

would follow due process of law.

5. On hearing the submissions of both the learned Counsels

and after perusing the material available on record, the 3rd

respondent is directed to not to dispossess the petitioner from

the subject site in an extent of Ac.0.03 ½ cents in D.Nos.2/159,

2/160, 2/161, within the boundaries East: House of Ipparla

Ramachandraiah, West: Petitioner site, South: Petitioner site,

North: Road and site of P.Srinivasulu in Ward No.37, near Chinna

Chowk, Kondayapalle area, Kadapa Municipal Corporation.

However, if the petitioner has violated Rules, if any, the 3rd

respondent is at liberty to follow due process of law by giving an

opportunity to the petitioner and pass reasoned order.

6. Accordingly, the Writ Petition is disposed of at the

admission stage. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall stand closed.

________________________ Dr. K. MANMADHA RAO, J Date: 17.07.2023 HS

THE HON'BLE DR.JUSTICE K. MANMADHA RAO

W.P.No.17444 of 2023

Date: 17.07.2023

HS