Majji Ramana Vs the State of Ap

¶1

APHC010004982024

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdictiort)

¶3

THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶6

WRIT PETITION No: 434 OF 2024

¶7

Between:

¶8

Majji Ramana, S/o. Late Ramu, aged about 26 years,

¶9

Majji Appalanaidu, S/o Chandrayya, aged about 37 years, 3. Majji Lakshmana Rao, S/o. Chandrayya, Aged about 45 years

¶10

All petitioners are residing at Ommi Village, Nellimerla Mandal, Vijayanagaram District.

¶11

...PETITIONERS

¶12

AND

¶13

The State of Andhra Pradesh, Rep. by the Principal Secretary, Panchayatraj and Rural Development Department, Secretariat, Amaravathi.

¶14

District Collector, Vijayanagaram District,

¶15

District Panchayat Officer, Nellimerla Mandal, Vijayanagaram^District.

¶16

Vommi Grama panchayat, Nellimerla Mandal, Vijayanagaram District. Represented by its Executive Authority cum Panchayat Secretary.

¶17

Tahsildar, Nellimerla Mandal, Vizianagaram District.

¶18

Gorli Appala Naidu, S/o.Late Rama Murthy, Hindu, aged about 65 years, Occ.Agriculture, R/o.Ommi Village, Nellimerla Mandal, Vizianagaram District.

¶19

Gorli Ramana, S/o.Gorli Appala Naidu, Hindu, aged about 45 years, OcciAgriculture, R/o.Ommi Village, Nellimerla Mandal, Vizianagaram District.

¶20

Boadasingi Gowri Naidu, S/o.Late Simmaiah, Hindu,^agedabout40 years, R/o. Ommi Village, Nellimerla Mandal, Vizianagaram^District.

¶21

Majji Appala Naidu, Hindu, aged about 42 years,^{R/o.OmmiVillage,} ..V: Nellimerla Mandal, Vizianagaram District. RR 6 to 9 are impleaded as per the Court’s Order dt.23.07.2024^vide orders passed in I.A.No.02 of 2024

¶22

...RESPONDENTS 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 to issue an order or writ or direction more^particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in taking steps to demolish the houses of the petitioners^situatedin Survey^No. 17-48 to an extent of Ac.0.09 Cents, houses bearing^{DoorNo’sof1-19,1-20} and 1-21 respectfully of Vommi Village, Nellimerla Mandal, Vizianagaram District without passing final orders for the petitioners explanation dated 04-12-2023 and without jurisdiction as illegal, arbitrary and violative of principal of Natural Justice and contrary to Articles 14, 21 and 300-A of Constitution of India and also in violation of the procedure contemplated in G.O.Ms No. 188 Panchayat Raj and Rural Development (pts.lV) Department dated 21-07-2011 and consequently direct the respondents not to interfere/demolish with the petitioners peaceful possession and enjoyment of the above said houses by setting aside the notice dated 30-11-2023 issued by the 4^^ respondent.

¶23

lA No: 1 OF 2024

¶24

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to interfere/demolish with the petitioners peaceful possession and enjoyment of the above said houses situated^insurveyNo. 17-48 to an extent of Ac.0.09 Cents house bearing Door^{No'sof1-19,1-20} and 1-21 respectfully of Vommi Village, Nellimerla^{Mandal,Vizianagaram} District, during the pendency of the Writ Petition.

¶25

lA No: 4 OF 2024

¶26

Between:

¶27

Tahsildar, Nellimerla Mandal, Vizianagaram District.

¶28

...PETITIONER/RESPONDENT

¶29

AND

¶30

Majji Ramana, S/o. Late Ramu, aged about 26 years,

¶31

Majji Appalanaidu, S/o Chandrayya, aged about 37 years, 3. Majji Lakshmana Rao, S/o. Chandrayya, Aged about 45 years.

¶32

All petitioners are residing at Ommi Village, Nellimerla Mandal, Vijayanagaram District.

¶33

...RESPONDENTS/PETITIONERS

¶34

The State of Andhra Pradesh, Rep. by the Principal Secretary, Panchayatraj and Rural Development Department, Secretariat, Amaravathi.

¶35

District Collector, Vijayanagaram District,

¶36

District Panchayat Officer, Nellimerla Mandal, Vijayanagaram^District. 7. Vommi Grama panchayat, Nellimerla Mandal, Vijayanagaram District. Represented by its Executive Authority cum Panchayat Secretary.

¶37

Gorli Appala Naidu, S/o.Late Rama Murthy, Hindu, aged about 65 years, Occ:Agriculture, R/o.Ommi Village, Nellimerla Mandal, Vizianagaram District.

¶38

Gorli Ramana, S/o.Gorli Appala Naidu, Hindu, aged about 45 years, Occ:Agriculture, R/o.Ommi Village, Nellimerla Mandal, Vizianagaram District.

¶39

Boadasingi Gowri Naidu, S/o.Late Simmaiah, Hindu, aged^about 40 years, R/o. Ommi Village, Nellimerla Mandal, Vizianagaram^District.

¶40

Majji Appala Naidu, Hindu, aged about 42 years, R/o.^Ommi Village, Nellimerla Mandal, Vizianagaram District. ...RESPONDENTS/RESPONDENTS

¶41

(R4 to R11 are not necessary parties in this petition)

¶42

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleased} may be pleased to vacate the interim orders dated 08.01.2024^inWP.No.434 of 2024 and to dismiss the Writ Petition.

¶43

Counsel for the Petitioners: SRI T. DIWAKAR REDDY

¶44

Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ^&RURAL DEVELOPMENT

¶45

Counsel for the Respondent Nos.2 & 5: GP FOR REVENUE Counsel for the Respondent Nos.3 & 4: SRI Y.KOTESWARA^RAO, STANDING COUNSEL FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.6 to 9: SRI BONU RAMA^SHANKAR RAO

¶46

The Court made the following order:

1

■u-

[3329]

APHC010004982024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 'm (Special Original Jurisdiction)

¶52

THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶53

PRESENT

¶54

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶55

WRIT PETITION NO: 434/2024

¶56

Between:

¶57

1.MAJJI RAMANA, S/0 LATE RAMU, AGED ABOUT 26 YEARS

¶58

2.MAJJI APPALANAIDU,, S/0 CHANDRAYYA, AGED ABOUT 37 YEARS,

¶59

3.MAJJI LAKSHMANA RAO, S/0. CHANDRAYYA, AGED ABOUT⁴⁵ YEARS ALL PETITIONERS ARE RESIDING AT OMMI VILLAGE, NELLIMERLA MANDAL, VIJAYANAGARAM DISTRICT.

¶60

...PETITIONER(S)

¶61

AND

¶62

1.THE STATE OF AP, REP. BY THE PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI.

¶63

DISTRICT COLLECTOR, VIJAYANAGARAM DISTRICT,

¶64

DISTRICT PANCHAYAT OFFICER, NELLIMERLA MANDAL, VIJAYANAGARAM DISTRICT.

¶65

4.VOMMI GRAMA PANCHAYAT, NELLIMERLA MANDAL, VIJAYANAGARAM DISTRICT. REPRESENTED BY ITS EXECUTIVE AUTHORITY CUM PANCHAYAT SECRETARY.

¶66

5.TAHSILDAR, NELLIMERLA MANDAL, VIZIANAGARAM DISTRICT.

¶67

6.GORLI APPALA NAIDU S/0 LATE RAMA MURTHY, HINDU, AGED ABOUT 65 YEARS,OCC AGRICULTURE, R/0 OMMI VILLAGE,

¶68

NELLIMERLA MANDAL, VIZIANAGARAM DISTRICT.

¶69

7.G0RL1 RAMANA S/0 GORLI APPALA NAIDU, HINDU, AGED ABOUT 45 YEARS,OCC AGRICULTURE, R/0 OMMI VILLAGE,NELLIMERLA MANDAL, VIZIANAGARAM DISTRICT.

¶70

8.BOADASINGI GOWRI NAIDU S/0 LATE SIMMAIAH, HINDU, AGED ABOUT 40 YEARS, R/0 OMMI VILLAGE, NELLIMERLA MANDAL, VIZIANAGARAM DISTRICT.

¶71

9.MAJJI APPALA NAIDU, HINDU, AGED ABOUT 42 YEARS, R/0 OMMI VILLAGE,NELLIMERLA MANDAL, VIZIANAGARAM DISTRICT. RR 6 TO 9 ARE IMPLEADED AS PER THE COURT ORDER DT.23.07.2024 VIDE ORDERS PASSED IN I.A.NO.02 OF 2024

¶72

...RESPONDENT(S):

¶73

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 to issue an order or writ or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents in taking steps to demolish the houses of the petitioners situated in survey No. 17-48 to an extent of Ac.0.09 Cents, houses bearing Door Nos of 1-19, 1-20 and 1-21 respectfully of Vommi Village, Nellimerla Mandal, Vizianagaram District without passing final orders for the petitioners explanation dated 04-12-2023 and without jurisdiction as illegal, arbitrary and violative of principal of Natural Justice and contrary to Articles 14, 21 and 300-A of Constitution of India and also in violation of the procedure contemplated in G.O.Ms No. 188 Panchayat Raj and Rural Development (pts.lV) Department dated 21-07-2011 and consequently direct the respondents not to interfere/demolish with the petitioners peaceful possession and enjoyment of the above said houses by setting aside the notice dated 30-11-2023 issued by the 4th respondent and pass

¶74

lA NO: 1 OF 2024

¶75

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 direct the respondents not to interfere/demolish with the petitioners peaceful possession and enjoyment of the above said houses situated in survey No. 17-48 to an extent of Ac.0.09 Cents house bearing Door No's of 1-19, 1-20

¶76

3

¶77

and 1-21 respectfully of Vommi Village, Nellimerla^{Mandal,Vizianagaram} District, during the pendency of the writ petition and pass

¶78

lA NO: 2 OF 2024

¶79

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased Pleased to permit the petitioner herein to implead themselves as party respondents No. 6 to 9 in WP No. 434 of 2024 as well^{asinlAandpass} lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased please to grant leave to the petitioner herein/respondent^{No.4inW.P.434of} 2024 to file counter affidavit in the above writ petition and pass

¶80

lA NO: 4 OF 2024

¶81

Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleased} may be pleased to vacate the interim orders dated 08.01.2024^inWP.No.434 of 2024 and to dismiss the writ petition and pass

¶82

Counsel for the Petitioner(S):

¶83

1.T DIWAKAR REDDY

¶84

Counsel for the Respondent(S):

¶85

1.GP FOR REVENUE (AP)

¶86

2.BONU RAMA SHANKAR RAO

¶87

3.Yarraguntla.Koteswara Rao,Standing Counsel For Zilla^Praja Parishads,Mandal Praja Parishads and Gra

¶88

4.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

¶89

The Court made the following:

¶90

4

¶91

^4

¶92

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

¶93

WRIT PETITION NO: 434/2024

¶94

ORDER:

¶95

This Writ Petition is filed under Article 226 of the Constitution

¶96

of the India seeking the following reliefs:-

¶97

“..to issue an order or writ or direction more particularly one In the nature of writ of mandamus declaring the^action of the respondents in taking steps to demolish the^housesof the petitioners situated in survey No. 17-48 to an^extentof Ac. 0.09 Cents houses bearing Door Nos of 1-19, 1-20,^and 121 respectfully of Vommi Village, Nellimerla Mandal, Vizianagaram District without passing final orders^on the petitioners explanation dated 04.12.2023 and without jurisdiction as illegal, arbitrary and violative of principles of Natural Justice and contrary to Articles 14, 21 and^300-Aof Constitution of India and also in violation of the procedure contemplated in G.O.Ms.No.188 Panchayat Raj and Rural Development (pts.lV) Department dated 21.07.2011 and consequently direct the respondents not to interfere/demollsh with the petitioners peaceful possession and enjoyment of the above said houses by setting aside the notice dated 30.11.2023 issued by the 4^^ respondent and pass...”

¶98

Heard the learned counsel for the petitioners and the^learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents.

¶99

The case of the petitioners herein is that the petitioners are absolute owners and possessors of the land situated in Sy.No. 17-48 to an extent of Ac.0.9 cents and they have constructed houses bearing Door Nos.119, 1-20 and 1-21 respectfully of Vommi Village, Nellimerla Mandal,

¶100

5

¶101

Vizianagaram District. They have inherited the subject property from their ancestors and they are in possession and enjoyment of the subject property without any interference from anybody. While so, the 4*'^ respondent issued notices to all the petitioners vide Proceedings No. 1/2023/PS/dated 30.11.2023 stating that as the subject land was occupied by them^{andmadeconstruction} contrary to Section 96 of Andhra Pradesh Panchayat Raj Act, 1994, they have initiated action for removal of the said property. The petitioner submitted detailed explanation to the said notice on 04.12.2023. But, without considering the explanation, dated 04.12.2023 the respondent authorities particularly the 4*'^ respondent-Gram Panchayat is trying to dispossess the petitioners from the subject property.

¶102

-p

¶103

Learned counsel for the petitioners further submits that after hearing the matter, this Court vide order, dated 08.01.2024 granted interim direction, directing the respondents not to take any coercive action in respect of the subject property. But, till date, the respondents^{havenotconsideredthe} explanation, dated 04.12.2023 submitted by the petitioners and are trying to dispossess the petitioners from the subject property. Aggrieved by the same, the present Writ Petition is filed.

¶104

On the other hand, learned counsel for the 5'^ respondent^has filed counter affidavit. Paragraph Nos.2 and 3 of the said counter read as follows:-

¶105

It is respectfully submitted that the averments of^the writ petitioners are not true and correct besides constructing

¶106

6

¶107

their houses on their own iand(Zeroit iand) the writ petitioners have buiit bath rooms and steps to enter and exit the^roadon the adjacent government iand. Thus Gorge(road cum water body) is situated in Sy.No. 17-48 of Vommi Viiiage, so they have no right over the government iand in Sy.No.17-48. it is submitted that the writ petitioners have stated in^{theiraffidavit} that they have aiso obtained door numbers from Gram Panchayat to their own property and they have paid the eiectricity biii and water taxes to the Gram Panchayat,^so if there is any encroachment in the viiiage, oniy every^fourth respondent has the authority to remove on them,

¶108

it is respectfuiiy submitted that the averments of^the petitioner are not true and correct as the survey lA'as conducted in the presence of the writ petitioners and they refused to give statements during the hearing of the Spandana Petition, it is respectfuiiy submitted that^the writ petitioners have paid the property taxes, water taxes^tothe4 th respondent and any dispute regarding the properties^and roads and drainage of the Panchayat faiis within the purview of the Secretary Panchayat and oniy the 4'^ respondent^has the authority to remove any encroachments within the viiiage iimits. This respondent oniy heips to the 4‘^ respondent^tofix the boundaries of the Government iand which are under the purview of the gram panchayat.

¶109

Counter affidavit was also filed by the respondent. Paragraph

¶110

No.7 of the said counter affidavit read as follows:-

¶111

it is respectfuiiy submitted that the averments made in Paras 4 and 5 are matter of record and may not require response from this answering respondent, it is pertinent^to mention here that a survey was conducted by the Tahsiidar,

¶112

7

¶113

Nellimerla Mandal and found that there are encroachments upon the Government land in Sy. No. 17-48 to an extent^of Ac.0.09 cents by different individuals and stating^thesame the Tahsildar, Nellimerla Mandal had addressed a letter Rc.No.01/2023/S.A, dated 17.10.2023 to this answering respondent. Basing on the same this answering respondent issued notices to all the concerned including petitioners^for their explanation.

¶114

Relying the averments made in the counter affidavits filed by Respondent Nos.4 and 5, learned counsel appearing for Respondent Nos.4 and 5 submits that as the subject land is a Government land and^that too it is classified as “road-cum-water body”, the petitioners have no right whatsoever to make any constructions in the subject land. Hence,^{theWritPetitionisliable} to be dismissed.

¶115

Considering the submissions made by the learned counsel on both sides, it is evident that as contended by the^{learnedcounselforthe} petitioners, the 4*'^ respondent herein issued notice,^{dated30.11.2023tothe} petitioners, for which the petitioners submitted explanation within the stipulated time i.e., on 04.12.2023. Having received the said explanation within the stipulated time, it is the statutory obligation on the part of the 4 th respondent to consider the explanation submitted by the petitioners before taking any action. Further, on perusal of the counter affidavits filed by Respondent Nos.4 and 5, it is clear that the subject^{landisclassifiedasroad-} cum-water body, which cannot be converted into residential houses. It is a

¶116

8

¶117

k

¶118

settled proposition of law that once a particular portion of land is classified or notified for public purpose/water body, the same cannot be converted for any other purpose other than the purpose for which it is meant for. However since the petitioners submitted explanation to the notice, dated 30.11.2023, it is the solemn duty of the 4‘^ respondent to consider the explanation and pass appropriate orders before initiating any further action.

¶119

In view of the same, the 4*'^ respondent is hereby directed to consider the explanation, dated 04.12.2023 submitted by the petitioners and pass appropriate orders with due reasons, in accordance with law after providing opportunity of hearing to the petitioners. It is needless to observe that after passing appropriate speaking orders, the respondents are at liberty to proceed further in accordance with law. Till then the respondents are directed not to evict and dispossess the petitioners from the subject property.

¶120