Sri Chava Seshagiri Rao Vs the State of Ap

SRI CHAVA SESHAGIRI RAO, S/O LATE SRI LINGAIAH AGE ABOUT 70 YEARS, OCCUPATION RETD., DY.E.E, IRRIGATION DEPARTMENT, R/O H.NO.9-13/14 NSP COLONY, NANDIGAMA VILLAGE AND MUNCIPALITY, KRISHNA DISTRICT AP 521185

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...PETITIONER

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AND

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THE STATE OF AP, REPTD., BY ITS PRINCIPAL SECRETARY IRRIGATION AND CAD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHY, GUNTUR DISTRICT

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THE STATE OF AP, REPTD., BY ITS PRINCIPAL SECRETARY WATER RESOURCES DEPARATMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, AMARAVATHY, GUNTUR DISTRICT

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THE EXECUTIVE ENGINEER, NAGARJUNA SAGAR, OPERATION AND MAINTENANCE DIVISION(NSC O AND M) JAGGAIAHPET DIVISION, KRISHNA DISTRICT

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue an order proceeding, or a writ of mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings bearing

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Notice No.EE/AB/A3/Court/341M dt.16-12-2019 as illegal arbitrary and unconstitutional and consequently set aside the same

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IA NO: 1 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned proceedings of the 3rd respondent passed in Notice No.EE/AB/A3/Court/341M dt.16-12-2019 pending disposal of the above writ petition

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IA NO: 2 OF 2020

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased To permit the petiitoner to file the present additional affidavit in the main writ petition pending disposal of the writ petition, and to pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to grant leave to the petitioner to file reply affidavit for the counter of the Respondent no.3 in WP No. 3547 of 2020 which is pending before this honourable court and pass

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Counsel for the Petitioner:

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1.S S BHATT

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Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD (AP)

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The Court made the following:

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ORDER:

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“….to issue an order proceeding, or a writ of mandamus declaring the action of the 3rd respondent in issuing the impugned proceedings bearing Notice No.EE/AB/A3/Court/341M dt.16-12-2019 as illegal arbitrary and unconstitutional and consequently set aside the same….”

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The petitioner herein joined as a Junior Engineer in Irrigation Department in the year 1979 and in the year 2005, after undergoing few transfers, he was promoted to the post of Deputy Engineer and was allotted quarter No.AE-1, NSP camp colony, Nandigama, Krishna District on 04.01.2005. Ever since, the petitioner has been staying in the said premises by paying rent to the department.

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While the matter stood thus, pursuant to the order dated 02.12.2019 passed by this Court in W.A.No.437 of 2019, filed by an employee situated under similar circumstances, the 3^rd respondent issued the impugned notice dated 16.12.2019 directing the petitioner to vacate the quarter No.AE-1 within

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two months from the date of receipt of the notice. Subsequently, on 29.01.2020, the petitioner submitted a letter to respondent Nos.3 and 4, requesting to sell the subject quarter in his favour, as the said procedure was followed on several earlier occasions by the Government. But as there was no

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response from the respondent authorities and aggrieved by the notice dated 16.12.2019, the present writ petition is filed.

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Heard Sri. S.S. Bhatt, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation.

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Perused the entire material available on record. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the 3^rd respondent wherein it is stated that the Government land in NSP camp colony, Nandigama is not intended for sale to private individuals as alleged by the petitioner and that he has been living in the subject quarter unauthorizedly for the past more than 16 years. Thus, requested this Court to dismiss the writ petition.

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It can be seen from the material available on record that the petitioner herein, having been appointed as a Junior Engineer Irrigation department in the year 1979, underwent several promotions and transfers; in the year 2005, he was promoted as Deputy Engineer and was allotted a quarter No.AE-1, NSP camp colony, Nandigama, Krishna District and had been living there, even after his retirement.

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While so, when cancellation of allotment of a quarter in favour of a

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similarly situated officer of the Irrigation Department was challenged by way of

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a writ petition before this Court, it was held by this Court that such officer has no right to claim such relief under Article 226 of the Constitution of India. The said order was challenged by the officer before a Hon’ble Division Bench of this Court in W.A.No.437 of 2019, wherein, this Court upheld the order passed by the learned Single Judge, with the following directions:

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“Simultaneously, it is a fact that various persons are residing in the quarters in the same colony, though they do not have any right to continue therein. List of those persons be prepared by the State Government within four weeks from the date of receipt of this order and after issuing notices to them and following due procedure, orders of eviction of respective quarters within a further period of two months be passed. After evicting all those persons from the quarter, copies of all the documents, viz., list of those persons, copies of the notices issued to them, the orders of eviction and possession receipts, be filed by the learned Government Pleader before the Registrar (Judicial), who shall apprise the same to us in the chambers.”

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Admittedly, while referring to the said order, the 3^rd respondent issued the impugned notice dated 16.12.2019 directing the petitioner to vacate quarter No.AE-1, NSP camp colony, Nandigama, Krishna District within a period of two months, which admittedly is in violation of principles of natural justice. The impugned notice is not in the form of a show cause notice, calling for an explanation from the petitioner as to why he should not be vacated from the subject quarter, but, however, it is a direction given to the petitioner directing him to vacate the subject quarter within a period of two months. Admittedly, the Hon’ble Division Bench of this Court, in W.A.No.437 of 2019,

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which is referred in the impugned notice has directed the State Government to issue notices to the concerned by following the due procedure for evacuation of illegal occupants from their respective quarters. In such a case, the respondent authorities ought to have issued a notice calling for an explanation from the petitioner; as the said procedure has not been followed in the present case, the impugned notice is liable to be set-aside.

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In view of the foregoing discussion, this writ petition is allowed and the impugned notice dated 16.12.2019 is hereby set-aside. However, the respondent authorities are directed not to evict the petitioner from the subject quarter, without following due procedure of law. Further, the petitioner is also at liberty to make a fresh representation to the concerned authorities with a request to sell the subject quarter to him on payment of market value, pursuant to G.O.Ms.No.21, Irrigation and CAD (PW-MAJOR.IX) department, dated 05.02.2009 and the same may be considered by the respondents, in accordance with law. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed.

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____________________ JUSTICE V.SUJATHA

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02.02.2026. Gss

Sri Chava Seshagiri Rao v. the State of Ap

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Sri Chava Seshagiri Rao v. the State of Ap

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