Andhra Pradesh High Court - Amravati
Burada Neelam Naidu, vs The State Of Andhra Pradesh, on 15 November, 2024
APHC010328802020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
FRIDAY ,THE FIFTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 21808/2020
Between:
Burada Neelam Naidu, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVASA RAO NARRA
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. K M KRISHNA REDDY
3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps, M.P.Ps,Gram
Panchayats
The Court made the following:
(TRR,J
W.P.No.21808 of 2020)
The Court made the following 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 trying
to occupy the petitioner land situated in Survey No.100 of Nivagam
village, Kotturu Mandal, Srikakulam District, is illegal arbitrary and
violation of Articles 14, 19 and 21 and 300A of the constitution of India,
and direct the respondents not to construct the Grama Sachivalayam of
Nivagam village in petitioner land and pass such other order or
orders..."
2. Heard learned counsel for the petitioner and the learned
Government Pleader for Revenue for the respondents.
3. The grievance of the petitioner is that the petitioner is a resident
of Nivagam village, Kotturu Mandal, Srikakula District and he has been in
possession and enjoyment of the Zirayat land in an extent of Ac.0-25 cents in
Survey No.100 of Nivagam village, which is derived from his vendor through a
sale deed dated 28.08.2010. While the things stood thus, the respondents
without giving prior notice to the petitioner, trying to construct the Grama
Sachivalam building in the subject land. Aggrieved by the same, the present
writ petition is filed seeking a direction to the respondents not to construct the
Gram Sachivalayam.
4. Learned Standing Counsel for Gram Panchayat appearing for the
respondents 5 & 7 has filed counter, inter-alia stating that the land in dispute,
in an extent of Ac.0-87 cents in Survey No.100, which is the Government
(TRR,J
W.P.No.21808 of 2020)
Poramboke land. The revenue records i.e., SLR also clearly shows that the
said land is the Government Poramboke land. The petitioner is no way
concerned with the Government land.
5. Learned counsel for the petitioner has relied upon the Judgment,
dated 03.05.2003, passed in O.S.No.13 of 2003 on the file of the Court of the
Junior Civil Judge, Pathapatnam, wherein, the suit was decreed exparte, and
the Government is not a party to the suit, therefore, this Judgment is not
binding on the respondent authorities. Moreover, the petitioner cannot claim
any right basing upon the aforesaid Judgment, as the petitioner has not
established his right over the subject property.
6. Having regard to the facts and circumstances of the case and as
the petitioner has not established his right over the subject property, this Court
is of the considered opinion that the petition is devoid of merits and the same
is liable to be dismissed. However, the petitioner is at liberty to establish his
right or title over the property before the appropriate forum of law.
7. Accordingly, the Writ Petition is dismissed. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand
closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date : 15.11.2024.
RPD.
(TRR,J
W.P.No.21808 of 2020)
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.21808 of 2020
Date: 15.11.2024
RPD
