HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 19229 OF 2010 DATED 17TH SEPTEMBER, 2014.
BETWEEN P.Mohan Prabha (died) per his LRs …Petitioners and The Commissioner, GVMC, Visakhapatnam and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 19229 OF 2010
ORDER:
Heard the learned Counsel for the petitioners and learned Standing Counsel appearing for the respondents.
This Writ Petition was initially filed by one P.Mohan Prabha, wife of Late P. Diwakar, who later died and her Legal Representatives came on record. The case of the petitioners is that they are the absolute owners and possessors of the land admeasuring 276 square yards situate in Sy.No.13 of NGOs colony, Kapparada Post, GVMS, Visakhapatnam having purchased the same through unregistered sale deed from one P.Venkata Ramana on 08.08.1992. On the said plot, the petitioners have constructed a house and the first respondent assigned house No. 37-12-45/5/10 and on assessment of the property tax, the petitioners are paying the same regularly. While so, the second respondent tried to dispossess the petitioners from the said land on the ground that the said land belongs to the second respondent-Devesthanam. Hence the present Writ Petition was filed.
The second respondent initially filed counter affidavit stating that the property claimed by the petitioners is comprised in Sy.No.275 of Adivivaram village which is adjoining to Sy.No.13 of Kapparada village, Visakhapatnam. It was further stated that the second respondent-Devasthanam is having huge extent of land admeasuring Ac.5,279.57 cents in Sy.No.275 of Adivivaram village which was confirmed in G.O.Ms.No.406 dated 20.06.2000. The entire land situate in Sy.No.275 of Adivivaram was classified and declared as ‘Green Belt’ in the master plan of VUDA and therefore the second respondent filed Writ Petition No.3184 of 2009 seeking not to grant building/layout permissions in the said Survey Number. Some other litigations were cropped up in the absence of any survey of the said land and in view of the same the second respondent filed Writ petition No. 4377 of 2009 against the State Government for issuance of directions to the concerned Survey Department to complete survey in five villages which belong to the second respondent-Devasthanam. An order was passed by this Court in the said Writ Petition on 23.3.2009 directing the respondents therein to constitute a high level committee and conduct a survey of the said land by 20.04.2009 and the said Writ Petition is still pending consideration. Under the guise of the land being situated in Sy.No.13 of Kapparada village, the petitioners are trying to encroach the appurtenant land covered by Sy.No.275 of Adivivaram village.
Later, the second respondent filed additional counter affidavit wherein it was stated that the petitioners are in possession of the land to an extent of 336 square yards in stead of actual extent of 276 square yards which is alleged to have been purchased by them from third party and as per the sketch prepared by the surveyor of the Devasthanam, the petitioners approximately occupied/encroached an extent of 178 square yards situate in Sy.No.275 of Adivivaram village.
The learned Counsel for the petitioners submitted that the petitioners’ land admeasuring 276 square yards is situate in Sy.No.13 of Kapparada village whereas the land claimed by the second respondent is situate in Sy.No.275 of Adivivaram village and that the petitioners have not encroached any portion of the land of the second respondent.
Having regard to the peculiar facts and circumstances of the case and having heard the learned Counsel on either side, I deem it appropriate to dispose of the Writ Petition directing the second respondent not to interfere with the possession of the petitioners’ land in Sy.No.13 of Kapparada village. It is made clear that the second respondent is at liberty to protect its land situate in Sy.No. 275 of Adivivaram village.
Subject to the above observation, the Writ Petition is disposed of. Consequently miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17TH SEPTEMBER, 2014.
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