THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26872 of 2007 Dated 13th June, 2014 Between:
Smt.Veesala Satyamma, w/o. Balaraju (late), Caste: Schedule Tribe, aged about 55 years, R/o Rayanapeta village, Manuguru Mandal, Khammam District.
and The Railway Board Represented by its Chairman, New Delhi and three others.
…Petitioner … Respondents THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26872 of 2007
O R D E R:
This writ petition, filed under Article 226 of the Constitution of India, challenges the action of the respondent/Railway authorities in erecting poles and fencing on the land to an extent of 50 meters in Sy.No.314 situated at Samithi Singaram Grampanchayat, Manuguru Mandal, Khammam District without initiating proceedings under the Land Acquisition Act, 1894, without payment of compensation as being illegal, arbitrary and violative of the provisions of the Land Acquisition Act, 1894 and Articles 14, 21 and 300-A of the Constitution of India.
2. According to the petitioner, she is the pattedar and possessor of the land admeasuring Ac.3-80 gts in Sy.No.314 situated at Samithi Singaram Grampanchayat, Manuguru Mandal, Khammam District and that she got the said land from her father by way of Pasupu Kumkuma at the time of her marriage in the year 1965. It is the further case of the petitioner herein that since then she has been in possession and enjoyment of the said land and her name is also mutated in the revenue records and that she has been cultivating the said land till date and paying the land revenue to the Government regularly and that the said land is the only source of livelihood and income for her family. It is further stated in the affidavit filed in support of the writ petition that the petitioner’s land is situated adjacent to the land of the South Central Railway, Bhadrachalam Road. It is the grievance of the petitioner in the present writ petition that the officials of the second respondent division have encroached upon 50 meters of her land out of Ac.3-08 guntas and not allowing the petitioner to cultivate the land which compelled her to file representation in the month of January 2007 to the Project Officer, I.T.D.A and also a representation dated 10.09.2007 to the respondents. It is also the grievance of the petitioner herein that the respondent authorities have not taken any steps to prevent the encroachments made by the respondents 3 and 4 herein into her land. It is also stated that the petitioner herein got issued a legal notice dated 23.11.2007 to the second respondent, requesting to take steps against the respondents 3 and 4 and to prevent encroachment of her land. It is further alleged that after issuing the legal notice, the Railway officials erected poles in her land in a high handed manner.
3. Contending that the respondents did not issue any notice nor proceedings under the Land Acquisition Act or under Indian Railways Act or any other law nor provided any alternative land or compensation, the present writ petition has been filed.
4. This Court, on 17.12.2007, while issuing notice before admission granted interim order and subsequently on 17.01.2008 this Court issued Rule Nisi and extended the interim order till further orders.
5. Responding to the Rule Nisi issued by this Court, a counter affidavit is filed on behalf of the respondents 1 to 4, stating that the petitioner herein has encroached upon the railway land situated opposite to Manuguru Railway Station and cultivating the same and in order to prevent the encroachment of the railway land as per the railway boundary plan, boundaries were fixed and poles were also erected. The counter denies the allegation of encroachment of the land of the petitioner herein. It is further stated that on 25.02.2008 in the presence of the petitioner the field was measured and boundaries were fixed.
6. Today, when the matter is taken up for hearing, it is represented by the learned counsel for the petitioner as well as the learned Standing Counsel for the Railways that subsequently the railway authorities removed the poles from the disputed property. The material available before this Court clearly and categorically shows that there is a rival claim to the property by the parities to the present litigation and this Court in exercise of the jurisdiction under Article 226 of the Constitution of India cannot go into the said disputed question of fact. Even assuming that the petitioner herein, as alleged by the respondent railways, is in possession of the railway property, the petitioner herein cannot be evicted in a high handed manner without recourse to law.
7. For the aforesaid reasons, the writ petition is disposed of, permitting the petitioner herein to make an application before the Assistant Director of Survey and Land Records, Khammam, within a period of two months from the date of receipt of this order for necessary survey and demarcation and if such application is made, necessary steps will have to be taken by the survey authorities after giving notice and opportunity to all the stake holders. Till such survey is conducted and the boundaries are demarcated, status quo as on today shall be maintained by the parties to the present litigation. As a sequel, miscellaneous Petitions, if any, shall stand closed. No order as to costs.
A.V.SESHA SAI,J Date:13-06-2014 grk THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.26872 of 2007
Dated 13th June, 2014 grk