A writ petition filed by a sarpanch seeking mandamus to evict encroachments was dismissed due to lack of locus standi, as her rights were not individually infringed; she was granted liberty to file PIL.
No relief granted; liberty granted to file a PIL.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.29669 OF 2015
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, declare the action of the respondents Nos.2 to 6 herein not to evict the unauthorized encroachers from the land situated in Sy.No.475-1/2 in an extent of 1.50 acres out of the extent of Ac.5.07 of Chinmaya Nagar, Ananthapur rural Grama Panchayat, Ananthapur as illegal, arbitrary, unconstitutional and against the Mandates of law and consequently direct the respondents to remove the unauthorised huts and to consider the representation of the petitioner forthwith and pass such other order or orders....”
The grievance of the petitioner before this Court is that as
per the village accounts of Ananthapur Rural, the land in Sy.No.475-1, extent 3.60 Acres is classified as Government land and 475-1, extent 3.80 Acres JNTU Engineering College Hostel Building are existed. Again, the land in Sy.No.475-2, extent 7.89 acres was got sub-divided as 475-2-A, extent 2.82 acres and 475-2B, extent 5.07 acres vide 8-A/17/68, dated 08.08.1956 as per the Diglot and adangal as detailed below:
Sy.No. Extent in acres Classification 475-2A 2 acres 82 cents JNTU Engineering College
475-2B 5 acres 07 cents (Vanka) existing temporary structure made by the encroachers and others in an extent of 1.50 acres.
In the light of the above facts and circumstances, all the respondents more particularly the 6th respondent herein represented to provide necessary police protection during the time of carrying out removal of encroachments in the lands in
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Sy.No.475-2B, in an extent of 1.50 acres out of the extent 5.07 acres of Anantapur and the Village, Revenue Officer, Anantapur are also directed by the 5th respondent herein to co-ordinate with the 6th respondent authorities and to see that the encroachments shall be removed and the squatterer shall be evicted from the above said land. The petitioner made several representations to remove unauthorized huts. But till date, the respondents failed to remove unauthorized huts and also no response was received from the respondent Nos.2 to 6. Therefore the inaction of the respondents is questioned by the petitioner and requested to issue a direction.
Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.
The petitioner is sarpanch of Gram Panchayat, Anantapur, Anantapur District had filed this petition seeking a direction against the respondent Nos.2 to 6 for removal of encroachments in land in an extent of Ac.1.50 cents in Sy.No.475-1/2 in an extent of Ac.1.50 cents out of the extent of Ac.5.07 cents of Chinmaya Nagar, Ananthapur Rural Grama Panchayat, Ananthapur. The petitioner allegedly made representations, but no copy of the representation is available. However, it is for respondent Nos.2 to 6 to evict the persons who is in unauthorized occupation of the land belonging to the Government. But this petitioner has no locus standi to claim such relief in the present writ petition in individual capacity. At best she may file a petition as Public Interest Litigation. Since
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the right of the petitioner is not infringed or invaded on account of the in-action of the respondents, thereby the petitioner is not entitled to claim relief of writ of mandamus in the petition. Hence, the present writ petition is dismissed granting liberty to the petitioner to approach the Court by filing appropriate petition as per law. No costs
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY
Date: 28.10.2021 VSL
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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.29669 OF 2015
Date: 28.10.2021
VSL
1 issue framed by the court
Whether the petitioner-sarpanch possesses locus standi to approach the Court for removal of encroachments in his individual capacity.
1 provisions across 1 enactments
Sarpanch, Gram Panchayat, Anantapur
Respondents Nos. 2 to 6
M. Satyanarayana Murthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
