Point of Law: Any property of Panchayat is under occupation of any other person, a notice would be served on party concerned and said party would be given a hearing before a proceeding for eviction.

JUDGMENT :

The case of the petitioner is:-

(a) Smt. Late Nagandla Sambrajyam established Bhavani Mahila Mandali, in Peda kakani Mandal, Guntur District for upliftment of woman and girl child in 1967.

(b) The father of Smt. Late Nagandla Sambrajyam was the owner of various extents of land in the village including Ac.0.54 cents in Sy.No.560 of the village.

(c) He had settled this land along with other extents of land in favour of his son late Sri Nagandla Surya Narayana by way of a registered deed of settlement dated 17.02.1945.

(d) Upon demise of Sri Nagandla Surya Narayana, the said property, which included a tiled house in Ac.0.06 cents in Sy.No.560, devolved upon his daughter Smt. Late Nagandla Sambrajyam. This tiled house was dedicated to the Bhavani Mahila Mandali right from its inception 1967.

(e) After her demise, the deponent of the affidavit filed in support of the writ petition (hereinafter referred to as the Deponent) took charge and continued to run the said Bhavani Mahila Mandali. A deed of trust was also executed and registered before the Sub-Registrar, Pedakakani on 21.07.2014 showing that the office of the Trust was at D.No.1-111, Pathuru situated in an extent of Ac.0.06 cents in Sy.No.560.

(f) The said tiled house is said to have been used for carrying out various activities for the development of women and girls in the area and photographs showing such activities have also been filed along with the writ petition.

(g) On 12.01.2022, the 5th respondent pasted a notice dated 06.01.2022 in Rc.No.3/2022, issued under sections 58, 98 (10, 103 (60 read with G.O.Ms.No.188, dated 21.07.2011, stating that the Bhavani Mahila Mandali is being run in Sy.No.557 of Pedakakani village and since the said land was proposed to be used for construction of a library, the Bhavani Mahila Mandali was required to vacate the building within three days, failing which the land would be taken over.

(h) The petitioner Trust, upon coming to know of this notice informed the 5th respondent that the Bhavani Mahila Mandali was running in a private property and not in the Government land and requested the 5th respondent not to interfere with the possession of the petitioner-Trust.

(i) On 17.01.2022, the 5th respondent sought to demolish the building by using a JCB. At this stage, the petitioner has approached this Court by way of the present writ petition.

2. By the time the matter came up before the Court on 21.01.2022, the tiled house was demolished and the material and assets of the petitioner, including computers etc., were taken away by the 5th Respondent. This Court on 21.01.2022, directed the 2nd respondent to survey the entire land in Sy.No.560 and 557 of Pedakakani village and Mandal and submit a report to this Court by the next date of hearing as to whether the house bearing D.No.1-111 in Sy.No.560 of Pedakakani Village had been demolished by the 5th respondent or not. The report, filed by the 2nd respondent, will be considered in the course of this judgment.

3. After the demolition of the building, the Petitioner amended its prayer and sought a declaration that the action of the 5th respondent in demolishing the tiled house of the petitioner, as arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and for a consequential direction to the respondents either to restore possession of the property to the petitioner by constructing or by directing the respondent to pay compensation by initiating land acquisition proceedings under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013.

4. The 5th respondent-Gram Panchayat filed a counter, stating thus:

(A) A request arose from the villagers for setting up a library in the place of the tiled house in Sy.no.557. On this request a gram sabha meeting was held on 07.10.2021, where a resolution was for construction of a library in the government site. Pursuant to this resolution, the Gram Panchayath also passed a resolution on