HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26829 OF 2008 DATED 29th December, 2014.
BETWEEN Alugula Shankar and ors ….Petitioners And The Government of AP, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Hyderabad and ors.
…Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26829 OF 2008
ORDER:
Heard learned Counsel for the petitioners, learned Government Pleader for respondents 1 to 4 and learned Standing Counsel for Respondent No.5.
This Writ Petition was filed when the petitioners came to know that the fifth respondent communicated an information to the fourth respondent on 24.4.2008 expressing its no-objection for construction of a Urdu Hall in the land to an extent of Ac.0.06 guntas situated near Fish Market, Nirmal Town. It is stated that one C.P.Manohar filed a suit in OS.No.22 of 1986 on the file of the learned District Munsif, Nirmal, Adilabad District for grant of perpetual injunction in respect of the aforesaid land, but the said suit was dismissed holding that the suit land belongs to the Government and Municipality. The said C.P.Manohar carried the matter in appeal in First Appeal No. 7 of 1993 before the learned Sub Judge, Nirmal, Adilbad District, who dismissed the same confirming the judgment and decree of the trial Court. The second appeal viz., SA.No. 82 of 1997 preferred thereon before this Court was also ended in dismissal on 4.4.2007. It is the case of the petitioners that even after holding that the subject land belongs to the Government and Municipality, respondents 1 to 4 are trying to alienate the same in favour of the sixth respondent.
From a reading of letter dated 24.04.2008 addressed by the fifth respondent-Municipality to the fourth respondent- Tahsildar it is clear that they (Municipal Council, Nirmal Municipality) have passed a resolution on 31.12.2007 for allotment of subject land, which is a Government land, for the construction of Urdu hall. The said letter is only an instruction to the fourth respondent-Tahsildar for taking further action in regard thereto. No orders have been passed by the District Collector so far in respect of the subject land. In the circumstances the relief sought for in the Writ Petition is premature. It is needless to observe that the respondents should follow due process of law if they want to alienate any part of the Government land for any public purpose. The petitioners should also be given an opportunity to make their representation and respondents 1 to 4 shall consider their objection, if any, to the alienation of the Government land and pass appropriate orders thereon. It is made clear that till the orders are passed by the competent authority, no construction shall be made in the subject land.
Subject to the above observation, the Writ Petition is disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 29th December, 2014. Msnrx