Dr. B.R. B.R. Ambedkar Educational and Charitable Origination. Vs The State of Andhra Pradesh

DR. B.R. B.R. A M BEDKAR EDUCATIONAL AND CHARITABLE ORIGINATION., S OCIETY REGISTRATION NO. 2 7 8 OF 1999, REPRESENTED B Y SECRETARY, K. RAYAPPA, S IO VENKATA REDDY, AGED A BOUT 46, D.NO. 19-539/1, DO W LESWARAM, RAJAMAHENDRA V ARAM RURAL MANDAL, EAS T GODAVARI DISTRICT.

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...PETITIONER

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AND

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THE STATE OF A N DHRA PRADESH, REP BY ITS PR L SECRETARY, IRRIGATION (WATER RESOURCES DEPARTMENT), S ECRETARIAT, VELAGAPUDI, GU N TUR DISTRICT.ICT

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THE ENGINEERI N CHIEF, IRRIGATION, WATER RESOURCES DEPARTMENT, IRRIGATION COMPOUND, PW D GROUNDS, VIJAYAWADA, KRI S HNA DISTRICT.

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THE CHIEF E NGINEER, GODAVARI DELT A SYSTEM, DOWLESWARAM, RAJAMAHENDRAVARAM RURAL M ANDAL, EAST GODAVARI DISTR I CT.

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THE SUPERINT E NDING ENGINEER, IRRIGATI O N CIRCLE, DOWLESWARAM, RAJAMAHENDRAVARAM RURAL M ANDAL, EAST GODAVARI DISTR I CT.

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THE EXECUTIVE E NGINEER, GODAVARI HEAD WO R KS DIVISION, DOWLESWARAM, RAJAMAHENDRAVARAM RURAL M ANDAL, EAST

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W.P.No.4433 of 2020

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GODAVARI DISTRICT.

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6. THE ESTATE OFFICER, (TAHSILDAR), RAJAMAHENDRAVARAM RURAL MANDAL, EAST GODAVARI DISTR

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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 topleased to issue Writ, order or orders specially one in the nature of Writ of Mandamus declaring order vide Ref. (A) 591/2017, dt 28-1-2020 in Form B of the 6th respondent pertaining to the house bearing D.No. 15-280 (old D.No. 19-529/1), in S.No. 172, Dowleswaram, Rajamahendravaram Rural Mandal, East Godavari District, is illegal, arbitrary, misusing the powers vested with the office, voilative of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 and Rules made there under and Art 14, and 21 of the Constitution of India and consequently set aside the eviction order vide Ref. (A) 591/2017, dt 28-1-2020 in Form B of the 6th respondent

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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 pleased to suspend the eviction order vide Ref. (A) 591/2017, dt. 28-01-2020 in form B of the 6th respondent by directing the respondents not to interfere with the peaceful possession, enjoyment of the building, bearing Dr. No. 15280 (old D.No. 19-529/1), dowleswaram village, Rajamahendravaram Rural Mandal, East Godavari District, being run by the petitioner society, pending disposal of the above writ petition

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Counsel for the Petitioner:

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1.T V JAGGI REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR IRRIGATION COMM AREA DEV

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The Court made the following 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 Writ, order or orders specially one in the nature of Writ of Mandamus declaring order vide Ref.(A)591/2017, dt: 28.1.2020 in Form B of the 6^th respondent pertaining to the house bearing D.No.15-280 (old D.No.19-529/1) in S.No.172, Dowleswaram, Rajamahendravaram Rural Mandal, East Godavari District, is illegal, arbitrary, misusing the powers vested with the office, voilative of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1968 and Rules made there under and Art 14 and 21 of the Constitution of India and consequently set aside the eviction order vide Ref. (A) 591/2017, dt:28.1.2020 in Form B of the 6^th respondent and to pass such other order or orders ….”

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When the writ petition came up for admission, on 24.02.2020, this Court

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was pleased to pass the following interim order:

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Learned counsel for the petitioner submits that the impugned eviction order, dated 28.01.2020, in Form B was issued by the 6^th respondent in respect of building bearing door no.15-280 (old door no.19-529/1) in Dowleswaram village, Rajamahendravaram Mandal, which is said to be given on lease to the petitioner for running an old age home. Earlier when the respondents tried to interfere with the possession and enjoyment of the above house property, the petitioner filed WP.No.31524 of 2018. An interim order, dated 31.08.2018, was passed in the said writ petition. The operative portion of the said order reads thus: 'Petitioner is admittedly running an old age Home and school for deaf and dumb in the subject property. Without following the provisions of the A.P Public Premises (Eviction of Unauthorised Occupants) Act, 1968 and providing alternative shelter, the old aged persons in the Home and to the deaf and dumb children there, the respondents shall not interfere with the possession and enjoyment of the petitioner of the subject property.'

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Having regard to the facts and submissions of learned counsel for the petitioner and on perusal of the record, this Court, in view

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of the afore-said interim order passed in WP.No.31524 of 2018, prima facie came to the conclusion that the impugned order is passed in violation of the said interim orders.

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Hence, there shall be interim stay of all further proceedings pursuant to the impugned order, dated 28.01.2020.

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation representing the respondents.

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Today, when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation, on instructions, has stated that pursuant to the interim orders passed by this Court on 24.02.2020, the petitioner is in possession of door No.15-280 (old D.No.19-529/1) in survey No.172, Dowleswaram, Rajamahendravaram Rural Mandal, East Godavari District and that the respondents are not interfering with the petitioner’s possession of the said property in door No.15-280 (old D.No.19-529/1) in survey No.172, Dowleswaram, Rajamahendravaram Rural Mandal, East Godavari District without following due process of law.

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In view of the above circumstances, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s possession over the subject property in door No.15-280 (old D.No.19-529/1) in survey No.172, Dowleswaram, Rajamahendravaram Rural Mandal, East Godavari District, without following due process of law.

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