THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.16776 of 2008 Between:
1. Gunnamreddy Subrahmanyam Reddy and another.
PETITIONERS AND
1. Surpanch, Thummalagunta Village, Tirupati Rural Mandal, Chittoor District, and others.
RESPONDENTS ORDER:
This writ petition, under Article 226 of the Constitution of India, is filed challenging the action of the respondents, more particularly the respondents 1 and 2, in demolishing the residential building situated in Sy.No.11/4A, 26/2 and 11/2B admeasuring 42 sq. yds., and Ac.0.33 cents in Thummalagunta Village, Tirupati Rural Mandal, Chittoor District, without any notice as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and the principles of natural justice.
2. Heard Sri J. Ugra Narasimha, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development, and Smt. Vedavani learned Standing Counsel for the respondent Gram Panchayat.
3. The petitioners are the husband and wife respectively. The 1st petitioner herein purchased an extent of 420 sq. yds., situated in Sy.No.11/4A and 26/2 of Tummalagunta Village, Tirupati Rural Mandal, Chittoor District, by virtue of a registered sale deed vide document No.3810 of 1997 dated 08.08.1997 and to the north of the said land, an extent of Ac.0.33 cents of land was acquired by him by way of succession, and the same is his ancestral property. It is the further case of the petitioners that in recognition of the possession and succession to the property, the 3rd respondent-Tahsildar issued pattedar passbook bearing patta No.20. It is further stated that the said land of Ac.0.33 cents is situated in Sy.No.11-2B of the said village. It is further stated that for construction of a residential house in the said land, the first petitioner made an application to respondents 1 and 2 for permission and procured deemed permission and started construction in the said site. Alleging interference by respondents 1 and 2 with the said construction in Sy.No.11-2B the present writ petition has been filed.
4. While ordering Rule Nisi on 01.08.2008 this Court in W.P.M.P.No.21769 of 2008 granted interim direction to the respondents not to demolish the structures in question, without following due process of law.
5. Responding to the Rule Nisi issued by this Court, a counter affidavit in support of W.V.M.P.No.84 of 2009 has been filed by the 2nd respondent herein disputing the right of the petitioners herein in the subject property. The complaint principally in the present writ petition, obviously, is the non-issuance of notice by the respondents before resorting to the impugned action. Therefore, this Court does not propose to go into the respective rights of the parties at this point of time. At the same time, this Court is of the considered opinion that the respondents are required to issue a notice to the petitioners before resorting to the impugned action.
6. For the aforesaid reasons and having regard to the nature of controversy in the writ petition and keeping in view that the interim orders granted by this Hon'ble Court have been in existence ever since 01.08.2008, this Court deems it appropriate to dispose of the present writ petition, directing the respondents herein not to demolish the structures in question without following due process of law. However, it is made clear that the respondent-authorities are at liberty to proceed in accordance with the provisions of the A.P. Panchayat Raj Act, after giving notice and opportunity of being heard to the petitioners herein.
7. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
10th June, 2014 Js.