HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.5374 of 2006
Date: July 08, 2014
Between:
The Andhra Bank Employees Co.Op. Housing Society Ltd., rep. by its Secretary Sakhamuru Satyaki Prasad.
… Petitioner And
1. The District Collector, Visakhapatnam & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.5374 of 2006
O R D E R:
Learned counsel for the petitioner was absent yesterday and even today also. Heard the learned counsel for respondents 3 and 4, learned Assistant Government Pleader for the first respondent and the learned standing counsel for the 2nd respondent.
2. The case of the petitioner is that it purchased a land in the year 1983 under sale deed dated 23.02.1983. The total land is in an extent of 32,529.84 square metres and it is in three parts in Survey No.7 of Resapuvanipalem, Visakhapatnam, which is within the limits of the Visakhapatnam Municipal Corporation. The Government of Andhra Pradesh issued G.O.Ms.No.171 dated 22.02.1983, permitting the petitioner society to register house plots in favour of individual members of the society and accordingly the sites were registered in the names of individual members. It appears that there was a boundary dispute between the petitioner society and one Srinivasa Cooperative House Building Society Ltd., and a suit was filed against the said society on the file of the learned Subordinate Judge, Visakhapatnam, in O.S.No.302 of 1992 for declaration and permanent injunction. It was transferred to the Court of II Additional District Judge, Visakhapatnam, and was re- numbered as O.S.No.67 of 1996. A decree was passed on 26.03.1999 in favour of the petitioner society and its members. The petitioner further submits that the 3rd respondent society filed W.P.No.104 of 2000 seeking house site pattas in favour of the members of the said society claiming that the land in Survey No.275/A is a Government land. The said writ petition was disposed of on 12.04.2000 directing the Mandal Revenue Officer (Rural) and District Collector to conduct a socio economic survey of Bilal Colony, Kondaveera Place in Adavivaram Gram Panchayat limits to find out the genuineness of the claim of the said society. A joint survey was conducted by the authorities of S.V.L.N. Devasthanam, Simhachalam, and the Assistant Director, District Survey & Land Records, Visakhapatnam, and a survey report was submitted to the District Collector on 01.07.2004. As per the said survey report, the land was found in Survey No.7 of Resapuvanipalem Village of Visakhapatnam (Urban) Mandal, but not in Survey No.275/A of Adavivaram Village. The survey report also states that huts were physically existing in the land belonging to the petitioner society. The petitioner applied for approval of layout to the Visakhapatnam Urban Development Authority, Visakhapatnam, through Municipal Corporation, Visakhapatnam, by paying necessary charges. But the layout is not yet released.
Apprehending grant of pattas in favour of the 3rd respondent and other encroachers, the present writ petition was filed.
3. The first respondent filed a counter-affidavit stating that the land covered by Survey No.7 of Resapuvanipalem Village is a private zeroyiti land held by some ryots and the land is situated abutting to S.No.275 of Adavivaram Village of Visakhjapatnam Rural mandal. The entire hill covered by Survey No.275 is declared as ‘Devasthanam land’ by the Government. The joint survey conducted by the Assistant Director, Survey and Land Records, Visakhapatnam and the temple authorities revealed that the writ petitioner’s land is situated in Survey No.7 of Resapuvanipalem Village and not in Survey No. 275 of Adivivaram Village. So far as the huts situated in Survey No.7 are concerned, it was stated that it is the responsibility of the petitioner society to protect its lands from encroachments. There is no proposal for issuance of pattas in respect of the land covered in Survey No.7 of Resapuvanipalem Village, Visakhapatnam Urban Mandal, before the first respondent. Any exercise for issue of house site pattas will be undertaken only in the Government land according to the provisions of Government Orders issued by the Revenue Department and Housing Department.
4. The other respondents have not filed any counter-affidavit.
5. From the facts stated above, it is clear that the land of the petitioner society is situated in Survey No.7 of Resapuvanipalem Village which was a private zeroyiti land, whereas the lands claimed by the 3rd respondent society are in Survey No.275. Though some huts were placed in Survey No.7 of Resapuvanipalem Village, the first respondent rightly points out that so far as the huts in the land of the petitioner society is concerned, it is for the petitioner society to take steps for their eviction. So far as the first respondent is concerned there is no proposal to issue any pattas in respect of the land in Survey No.7 to third parties. Pattas shall be granted only in respect of the Government land and that too in accordance with Government Orders.
6. In view of the averments made by the first respondent in the counter-affidavit, there is no cause for apprehension by the petitioner society and the petitioner society is given liberty to take appropriate proceedings against the encroachers of their land in Survey No.7 of Resapuvanipalem Village. So far as grant of pattas, if any, in Survey No.275 is concerned, the petitioner society cannot have any grievance.
7. Subject to the above observation, the writ petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: July 08, 2014. BSB HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.5374 of 2006
Date: July 08, 2014
BSB