HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.V. SESHA SAI WP .Nos: 27144 AND 27759 of 2009 WP .No: 27144 of 2009 Between:
Ch.Venkataramana S/o.Chenchaiah Occ: Mastri, R/o.Kolachanakota village, Maddipadu Mandal, Prakasam District.
. Petitioner AND
1 The Panchayat Secretary, Kolachanakota Gram Panchayat, Maddipadu Mandal, Prakasam District
2 The District Panchayat Officer, Ongole, Prakasam District.
3 The Village Revenue Officer, Kolachanakota village, Maddipadu Mandal, Prakasam District.
4 The Thasildar, Maddipadu Mandal, Prakasam District.
5 The Revenue Divisional Officer, Ongole, Prakasam District.
6 The Joint Collector, Ongole, Prakasam District.
7 The District Collector, Ongole, Prakasam District.
8 Moparthi Basavayya S/o.Ramsubbaiah, Kolachanakota village, Maddipadu Mandal, Prakasam District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ or order or direction in the nature of writ of mandamus declaring the action of the respondents 1 & 3 not providing protection by raising fencing around to an extent of Ac.0-27 cents out of Ac.0-71 cents of Gramakantam site in village survey number 217 situated at Kolachanakota village, of Madipadu Mandal, ignoring several proceedings including R.C.B./579/2004 urgent memo dated 10-10-2009 of the Tahsildar, Maddipadu is illegal, arbitrary, and violation of principles of natural justice and consequently directing the respondents 1 to 7 to restrain the 8th respondent not to interfere with the possession by raising fencing around 27 cents of gramakantam site.
Counsel for the Petitioner : Sri Naram Nageswara Rao Counsel for the Respondent Nos.2 to 7 : G.P. for Revenue (A.P.) Counsel for the Respondent No.8 : Sri Nimmagadda Satyanarayana WP .No: 27759 of 2009 Between:
M. Basavaiah, S/o. Rama Subbaiah, Occ: Cultivation, R/o. Kolachanakota Village, 2nd Ward, Maddipadu Mandal, Prakasam District.
AND . Petitioner
1 The District Panchayat Officer, Prakasam District at Ongole.
2 District Collector & Magistrate, Prakasam District at Ongole.
3 The Tahsildar, Maddipadu Revenue Mandal, Maddipadu, Prakasam District.
4 Chennupalli Venkateswarlu, S/o. China Venkaiah, Occ: Retired M.V.O., R/o. Kolachanakota Village, Maddipadu Mandal, Prakasam District.
5 Chennupalli Chenchaiah, S/o. China Venkaiah, Occ: Washerman & Agriculture, R/o. Kolachanakota Village, Maddipadu Mandal, Prakasam District.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ/order/direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 3 in not taking steps to remove the illegal encroachment of public bazaar by the respondents 4 and 5 as illegal, arbitrary, unjust, contrary to all canons of law and in violation of Art. 14 of the Constitution of India and consequently direct the respondents 1 to 3 to remove all the encroachments of public bazaar by respondents 4 and 5 as per the directions given earlier as per law forthwith.
Counsel for the Petitioner : Sri Nimmagadda Satyanarayana Counsel for the Respondent Nos.1 & 2 : G.P. for Panchayat Raj (A.P.) Counsel for the Respondent No.3 : G.P. for Revenue (A.P.) Counsel for the Respondent Nos.4 & 5 : Sri Naram Nageswara Rao These petitions coming on for hearing, upon perusing the Petitions and the affidavits filed in both Writ Petitions and upon hearing the arguments of the above named counsel, the Court made the following ORDER:
Writ Petition No.27144 of 2009 is filed questioning the action of the respondents 1 and 3 viz., The Panchayat Secretary, Kolachanakota Gram Panchayat, Maddipadu Mandal, Prakasam District and the Village Revenue Officer of the same village in not providing protection by raising fencing around to an extent of Ac.0-27 cents out of Ac.0-71 cents of gramakantam site in Sy.No.217 of Kolachanakota Village of Madipadu Mandal, Prakasam District.
Writ Petition No.27759 of 2009 is filed challenging the action of the respondents 1 to 3 viz., (1) The District Panchayat Officer, Prakasam District, Ongole, (2) The District Collector and Magistrate, Prakasam District at Ongole and (3) The Tahsildar, Maddipadu Revenue Mandal, Maddipadu, Prakasam District in not taking steps to remove the illegal encroachments of public bazaar by the respondents 4 and 5 viz., Chennupalli Venkateswarlu s/o China Venkaiah and Chenupalli Chenchaiah s/o China Venkaiah.
Petitioner in Writ Petition.27759 of 2009 is arrayed as respondent No.8 in Writ Petition.No.27144 of 2009. The subject matter in these two writ petitions is the land in Sy.No.217 of Kolachanakota Village of Madipadu Mandal, Prakasam District.
A number of allegations and counter allegations have been made in these two writ petitions on encroachment of public property.
On perusal of the pleadings in the writ affidavits and the counter affidavits deposed by the Tahsildar, Madipadu Mandal, Prakasam District, this Court is of the opinion that a through ground verification is very much required by the District Collector, Prakasam District, Ongole on the allegations and counter allegations and with regard to the nature of the property.
In view of the above reasons, the District Collector, Prakasam District, Ongole is hereby directed to enquire into the matter at ground level and submit a report to this Court with regard to the nature of the property and the illegal occupations if any and the steps taken by the authorities for removal of the same and the reasons for failure to take any action, within a period of one month from the date of receipt of this order.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The District Collector, Prakasam District, Ongole. (By RPAD)
2 The Panchayat Secretary, Kolachanakota Gram Panchayat, Maddipadu Mandal, Prakasam District
3 The District Panchayat Officer, Ongole, Prakasam District.
4 The Village Revenue Officer, Kolachanakota village, Maddipadu Mandal, Prakasam District.
5 The Thasildar, Maddipadu Mandal, Prakasam District.
6 The Revenue Divisional Officer, Ongole, Prakasam District.
7 The Joint Collector, Ongole, Prakasam District.
8 Moparthi Basavayya S/o.Ramsubbaiah, Kolachanakota village, Maddipadu Mandal, Prakasam District.
9 Chennupalli Venkateswarlu, S/o. China Venkaiah, R/o. Kolachanakota Village, Maddipadu Mandal, Prakasam District.
10 Chennupalli Chenchaiah, S/o. China Venkaiah, R/o. Kolachanakota Village, Maddipadu Mandal, Prakasam District.
11 One CC to Sri Naram Nageswara Rao, Advocate (OPUC)
12 One CC to Sri Nimmagadda Satyanarayana, Advocate (OPUC)
13 Two CCs to the G.P. for Revenue (A.P.), High Court, Hyderabad. (OUT)
14 Two CCs to the G.P. for Panchayat Raj (A.P.), High Court, Hyderabad. (OUT)
15 One spare copy. nnr HIGH COURT AVSS,J DATED: 25-11-2014 ORDER WP .Nos: 27144 AND 27759 of 2009 DIRECTION HIGH COURT Nnr Date of Drafting : 26-11-2014 AVSS,J DATED: 25-11-2014 ORDER WP .Nos: 27144 AND 27759 of 2009 DIRECTION