THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21541 OF 2004 DATED 25TH AUGUST, 2014 Between:
Kammari Sivarama Achari … Petitioner and The Mandal Revenue Officer, Mantralayam Mandal, Kurnool District and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.21541 OF 2004 O R D E R By way of this writ petition, the petitioner assailed the action of the respondent authorities in seeking to dispossess him from an extent of 3½ cents of land in Kaludevakunta village, Mantralayam Mandal, Kurnool District, without following the due procedure. No interim order was granted by this Court.
In the counter-affidavit, the Sarpanch of the Kaludevakunta Gram Panchayat stated that the petitioner illegally occupied Government land in Sy.No.73/1 and was residing therein. She further stated that the Government proposed to construct the Gram Panchayat Secretariat in the subject land and accordingly a notice was issued to the petitioner on 09-01-2003 requesting him to vacate the same. However, as the said proposal was dropped and the Gram Panchayat intended to construct a bus shelter in the subject land, it issued a separate notice dated 23-06- 2004 calling upon the petitioner to vacate the subject land. He was also informed that an alternative site would be shown and appropriate compensation would be paid to him. This proposal was stated to have been made on humanitarian grounds though the petitioner had no legal right over the subject land.
Sri B. Vijaya Bhaskar, learned counsel for the petitioner, states on instructions that his client is still continuing in possession of the said land. That being so, the writ petition is amenable to disposal with a direction to the respondent authorities to follow the due procedure laid down by law in the event the petitioner is sought to be evicted from the subject land, if not already evicted. The proposal on humanitarian grounds made in the counter of the Sarpanch of the Gram Panchayat would necessarily have to abide by the present policy with regard to allotment of alternative sites to encroachers and no relief can be granted to the petitioner in this regard.
The writ petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
SANJAY KUMAR, J 25th AUGUST, 2014
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