K. Manitha vs The Telangana State Southern ...
2022 Latest Caselaw 6507 Tel

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      THE HON'BLE SRI JUSTICE K.SARATH

          WRIT PETITION No.4028 OF 2021
ORDER:-


     This writ petition is filed for the following relief:

          "....to issue writ order or direction more
     particularly one in the nature of Writ of
     Mandamus declaring action of the respondents

in erecting electric polls and electric lines in open plot admeasuring 407.33 Sq.yards situated at Narkhoda village and Gram Panchayath, Shamshabad Mandal, Ranga Reddy District, Telangana State, of the petitioner as illegal, arbitrary, violative of Article 21 and 300-A of the Constitution of India and further declare the action of the respondents in not considering the representation dated 20.01.2021 of the petitioner is also illegal and arbitrary and consequently direct the respondents to remove/shift the electric poles and electric lines from the open plot of the petitioner".

2. Heard Sri Ch.Ravinder, learned Counsel

appearing for the petitioner, and Sri R.Vinod Reddy,

learned Standing Counsel appearing for the

respondents.

3. The learned Counsel for the petitioner submits

that the petitioner is the absolute owner and possessor

of open plot admeasuring 407.33 Sq.yards, situated at

Narkhoda village and Gram Panchayath, Shamshabad

Mandal, Ranga Reddy District. Initially the said plot

was jointly purchased by the petitioner and one

D.Manjula through a registered sale deed No.64/2003

dated 18.01.2003 and thereafter, the said Manjula

released her share in favour of the petitioner through

registered release deed bearing document

No.13495/2005 dated 15.12.2005. The said plot is

vacant plot and the petitioner is residing in Hyderabad.

Recently when the petitioner visited her plot, she found

three electrical poles were erected and electric lines

passing through the plot. The respondents have not

initiated any proceedings to acquire the petitioner's

property nor paid any compensation to the petitioner.

There is no necessity to erect the poles through the

plot of the petitioner, because already separate lines

are available in the village. The petitioner is not

residing in the village and taking advantage of that the

respondents erected electrical poles and electrical lines

in the plot of the petitioner. Immediately, the petitioner

made representation to the 2nd respondent on

20.01.2021 requesting them to remove the electric

poles and electrical lines erected in her plot duly

narrating the entire facts and also by enclosing her

title documents and photographs. In spite of the same,

the respondents have not taken any action and not

given any proper reply to the petitioner. In view of the

same, the present writ petition is filed to direct the

respondents to remove or shift the electric poles from

the plot of the petitioner.

4. The learned Counsel for the petitioner further

submits that the respondents have no right or

authority to illegally encroach into the plot of the

petitioner without her consent in spite there are

existing separate lines in the village since long time.

5. The learned Counsel for the petitioner submitted

that the scheduled land is in 'Grama Kantam', and the

same not belongs to the Gram Panchayath or the

Government and the petitioner acquired the same

through registered documents. As per the judgment of

this Court in Vunnam Bangarraju Vs. Government

of Andhra Pradesh1 no one interfere with the

possession of the petitioner and requested to allow the

writ petition.

6. The learned Standing Counsel for the

respondents submits that the petitioner admitted as

2014 (3) ALD 443

schedule plot is situated in Grama Kantam and no

one has right over to alienate the same as the land

owned by the Gram Panchayath or the State

Government. After filing the present writ petition on

03.03.2021 a letter was served to the petitioner

informing that three poles have been erected more

than ten years back and for the past ten years no

person has claimed any right over the land and called

upon the petitioner to furnish certified copy of original

layout issued by the competent authorities to identify

the boundaries of the plot. Till date the petitioner has

not submitted any copies to link the documents to

trace out her title and possession and sought to

dismiss the writ petition.

7. After hearing both sides, this Court is of the

considered view that, admittedly as per the documents

filed by the petitioner the scheduled land is situated in

Grama Kantam. The judgment relied upon by the

learned Counsel for the petitioner in Vunnam

Bangarraju Vs. Government of Andhra Pradesh

(supra), squarely apply to the instant case.

Relevant portion of Vunnam Bangarraju Vs.

Government of Andhra Pradesh (supra) is as follows:

9. Grama Kantam is not a Government land and there is no prohibition to undertake transactions on the said lands. In fact, Gramakantam describes the area identified for the purpose of construction of residential houses and incidental structures in a village. It is neither a Government land nor land vested in the village panchayat".

xxxxxx

12. No statutory provision is brought to my notice which prohibit sale of property standing in the name of a particular person, which is classified in the revenue records as Gramakantam. xxxxxx

8. In view of the above judgment of this Court and

also the respondents cannot decide the title of the

petitioner by encroaching a private land and the

respondents have no authority to decide the land

whether belongs to Gram Panchayath/Government or

belongs to the petitioner. Admittedly, petitioner is the

owner of the scheduled plot having acquired through

the registered documents and the respondents cannot

deny the right of the petitioner over the property saying

that it is a Gramakantam land and they have no right

to erect electric poles in the schedule plot. The

respondents before erecting electrical poles in the

schedule plot not issued any notice to any persons or

initiated any land acquisition proceedings as per the

Indian Electricity Act. Mere erecting electrical poles

will not give any right to the respondent-Corporation to

continue the same on the ground that the polices were

erected poles ten years back, in spite of the request

made by the petitioner for removing/shifting the same.

9. The action of the respondents in without issuing

any notice to the petitioner and without imitating land

any land acquisition proceedings as per Indian

Telegraphic Act, erecting poles in the private land of

the petitioner is arbitrary and illegal.

10. Accordingly, the writ petition is allowed with a

direction to the respondents to remove the electrical

poles erected in the scheduled plot of the petitioner i.e.

407.33 Sq.Yards, situated at Narkhonda village and

Gram Panchayath, Shamshabad Mandal, Ranga Reddy

District within eight (8) weeks from the date of receipt

of copy of this order.

11. Miscellaneous petitions, pending if any, shall

stand closed. No order as to costs.

_____________________ JUSTICE K.SARATH Date:06/12/2022 trr