Baddula Jangaiah vs Mangali Narayana And 4 Others
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  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                   AND
        THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                  Writ Appeal No.428 of 2020


JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of an order

dated 29.01.2020 passed by the learned Single Judge in

W.P.No.1798 of 2020.

     The facts of the case reveal that the writ petition

was preferred by one Mangali Narayana, who is the

respondent No.1 in the present appeal, stating that a

notice has been issued on 24.12.2019 by the Gram

Panchayat in respect of a private property and to vacate

the said house. It was stated before the learned Single

Judge that he is residing in the said house since 1996, it

is his private property and all documents relating to the

building permission, house tax receipt, permission letter

issued by the Sarpanch, electricity bills etc., were

produced before the Gram Panchayat. In spite of the

aforesaid, he was directed to vacate the house by

removing the belongings and in those circumstances, the

writ petition was preferred.

The learned Single Judge has allowed the writ

petition, as the house in question was on a private

property and it was not an encroachment. The order

passed by the learned Single Judge reveals that a civil

suit in O.S.No.49 of 2015 filed for partition by one

Baddula Komuraiah and others in respect of the same

property is pending.

By taking assistance of the Gram Panchayat, the

appellant herein wanted to dispossess the respondent

No.1 in the appeal and therefore, in the considered

opinion of this Court, the learned Single Judge was

justified in quashing the notice dated 24.12.2019.

In the open Court, the learned counsel for the

appellant has stated that the respondent No.1 in the

appeal has constructed the house over the appellant's

portion of the land. In case the respondent No.1 in the

appeal has constructed the house over the land

belonging to the appellant, the appellant is certainly

having a right to file a civil suit and to proceed ahead in

accordance with law.

In the considered opinion of this Court, once the

appellant is before the civil court, he is certainly free to

adduce evidence in respect of their rights relating to the

title of the property and the civil court shall be free to

decide the matter in accordance with law. This Court

does not find any reason to interfere with the order

passed by the learned Single Judge.

The writ appeal is accordingly dismissed. The

miscellaneous applications pending in this writ appeal, if

any, shall stand closed. There shall be no order as to

costs.

___________________________ SATISH CHANDRA SHARMA, CJ

___________________________ A.RAJASHEKER REDDY, J 18.11.2021 vs