Writ petition by landowner challenging a Gram Panchayat notice threatening demolition and questioning title based on a survey number discrepancy caused by a typographical error. Court set aside the notice.
Writ petition allowed; notice dated 31.01.2023 set aside; direction to issue proper show-cause notice and afford opportunity of hearing.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3574 of 2023
ORDER:
The petitioner claims ownership and title over 0.73 cents of land in Sy.No.534-2 of Srirangarajupalli Village, Parigi Mandal, Satya Sai District, by virtue of having purchased the said property by sale deeds bearing No.1596/1972 & 2409/1978 dated 27.12.1978, in the office of the Sub-Registrar, Hindupur and by a subsequent deed of sale dated 06.06.2003, registered a document No.1891/2003 in the office of Sub-Registrar, Hindupur. The petitioner is said to have constructed a house in the said property and has been paying house tax.
notice from the 4th respondent, calling upon the petitioner to show title to the said land, failing which it would be held that the land belongs to the Gram Panchayat. A legal notice was issued by the learned counsel for the petitioner, in reply to the said notice on 03.02.2023. In this legal notice, the petitioner had set out his title and also referred to a suit filed against certain third parties, which had been decreed in his
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favour, after the competent Civil Court had found that he had title to the said land.
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As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
20.02.2023 BSM
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3574 of 2023
20.02.2023
BSM
2 issues framed by the court
Whether the notice dated 31.01.2023 demanding title proof and threatening demolition is sustainable when it refers to incorrect survey numbers due to a typographical error.
Whether the petitioner is entitled to an opportunity of hearing before the Panchayat initiates action against the structure.
Petitioner
Gram Panchayat/Syr No.534-2 Concerned
R. Raghunandan Rao
As recorded by the court registry
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