THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.811 of 2014 Between:
Potla Bhanumurthy And Dated 23rd January, 2014 …Petitioner Government of Andhra Pradesh, rep.by its Secretary, Revenue Department, Secretariat, Hyderabad and another …Respondents Counsel for the petitioner: Sri K.Jagadishwar Reddy Counsel for the respondents: AGP for Revenue The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.2 in interfering with the construction of house by the petitioner over 242 sq.yards of plot bearing No.36 in Survey No.130 of Garepalli Revenue Village, Kataram Mandal, Karimnagar District as illegal and arbitrary.
At the hearing, the learned Assistant Government Pleader for Revenue (TA), on instructions, submitted that Survey No.130 comprising Acs.9.09 guntas belongs to the Government and that out of the said extent, Acs.2.00 was allotted to Police Department and Acs.2.20 guntas was assigned to various persons. He further submitted that out of the remaining land, an extent of Ac.0.22 guntas is under encroachment of various private persons, including the petitioner and that appropriate proceedings will be initiated for eviction of the petitioner.
The petitioner placed reliance on registered sale deed, dated 04.12.2006, executed by one Gaguloth Samuel, in his favour and claimed ownership based on the said registered sale deed.
As noted above, it is the case of the respondents that the property in occupation of the petitioner belongs to the Government. As the petitioner is admittedly in possession of the plot, the respondents cannot interfere with his possession unless they initiate appropriate proceedings under the extant statutory enactment. In view of the submission of the learned Assistant Government Pleader as noted above that such proceedings will be initiated, the respondents are restrained from interfering with the petitioner’s possession of the plot in his possession, till appropriate proceedings are initiated for his eviction. The petitioner is also permitted to approach the competent civil Court to assert his right over the property in question.
The writ petition is accordingly disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.888 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 23rd January, 2014
VGB