HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25320 of 2010 Date : 11-12-2014 Between:
Badeti Avatharam, S/o.Krishnamma, 64 years, Occ: Cultivation, R/o.Attili (V) & (M), West Godavari District and others … Petitioners and The Tahasildar, Attili Mandal, West Godavari District and others … Respondents ORDER:
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25320 of 2010 This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the 2nd respondent-Gram Panchayat in seeking to demolish the residential structures bearing D.Nos.15-11, 15-
31/2 and 15-31/1 and to evict the petitioners from the sites in their occupation in Sy.No.777/2 of Attili village and Mandal, West Godavari District, withut any notice and opportunity of hearing to them, as illegal, arbitrary and violative of principles of natural justice.
Heard Sri K.Chidambaram, learned counsel for the petitioners, learned Government Pleader for the 1st respondent and Sri G.Elisha, learned Standing Counsel for the 2nd respondent-Gram Panchayat, apart from perusing the material available before this Court.
According to the petitioners, they have raised constructions in Sy.No.777/2 of Attili village and Mandal, West Godavari District and they have been in possession and enjoyment of the same since long time by paying taxes for the same. The grievance, precisely, in the writ petition is that despite their request for grant of pattas in their favour in respect of the properties in their possession, the respondent-authorities have not considered the said request, and, on the other hand, are attempting to demolish the structures raised by the petitioners herein without any notice and opportunity of hearing to them. This Court, while ordering notice before admission on 07.10.2010, directed the respondents herein not to demolish the subject structures. Subsequently, this Court issued rule nisi on 09.11.2010. The 1st respondent-Tahasildar, responding to the rule nisi issued by this Court, filed a vacate petition W.V.M.P.No.138 of 2011 supported by a counter, denying the averments made in the affidavit filed in support of the writ petition and in the direction of justifying the impugned action. A counter affidavit is also filed by the 2nd respondent-Gram Panchayat, resisting the writ petition. According to the respondents, the subject land is a tank bed poramboke land, as such, the claim of the petitioners for grant of pattas cannot be granted. It is further stated in the counters that the District Collector, on a complaint made by the villages, issued an urgent memo dated 27.09.2010, directing the 1st respondent herein to identify the encroachments over the tank bed area and take steps for removal of encroachments, and accordingly, the 1st respondent conducted survey and identified the encroachments over the tank bed area. It is further stated in the counters that the 1st respondent-Tahasildar directed the 2nd respondent-Gram Panchayat to take steps for removal of the encroachments as per the list given. It is further stated in the counters that the petitioners herein, on apprehension of removal of their structures, filed the present writ petition. The counters further aver that the Gram Panchayat will follow due process of law for removal of structures and the writ petition is a premature one.
The sum and substance of the grievance of the petitioners herein is that without issuing any notice and affording any opportunity of being heard to them, the respondents are attempting to demolish the structures and to evict the petitioners from the subject land. The averment with regard to non-issuance of notice and failure to afford opportunity of being heard to the petitioners is not disputed by the respondents in their counter affidavits.
For the aforesaid reasons, this writ petition is disposed of, directing the respondents herein not to demolish the structures in the subject lands without issuing notice and without affording opportunity of being heard to the petitioners. It is further made clear that the respondent-authorities are entitled to take appropriate steps by following due process of law. No order as to costs.
As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
A.V.SESHA SAI, J Date: 11.12.2014
siva
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.25320 of 2010 Date : 11-12-2014 siva