2022 Supreme(AP) 497
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkateswarlu Nimmagadda, J.
Chapala Mallikarjuna Reddy, Kadapa Dt. Other – Appellants
Versus
Superintendent Engineer, Irrigation Dept., Kadapa, Other – Respondents
Writ Petition Nos. 20621, 28104 and 30916 of 2013
Decided On : 15-11-2022
Advocate Appeared:
For the Appellant : S Lakshminarayana Reddy
Headnote:
Constitution of India, – Article 226 – Power of High Courts to issue certain writs – Relief prayed these three writ petitions are one these three writ petitions are heard together and are being disposed of by way of this common order – Sake of convenience and to avoid ambiguity in discussion facts taken into consideration – Held, Court opinion that writ petitions can be disposed of directing respondent authorities to follow due process of law before evicting petitioners from subject lands and if they intend to evict petitioners from subject lands they shall determine compensation payable to petitioners towards raising and growing of mango plants in subject lands after providing an opportunity of hearing to petitioner within a period of three months from date of receipt of a copy of this order – Writ Petitions disposed of.
ORDER :
Since the relief prayed and the facts in these three writ petitions are one and the same, these three writ petitions are heard together and are being disposed of by way of this common order.
2. For the sake of convenience and to avoid ambiguity in the discussion, the facts in W.P.No.20621 of 2013 are taken into consideration.
i) W.P.No.20621 of 2013 is filed to declare the action of the respondents in dispossessing the petitioners and threatening them to remove the mango trees raised in the agricultural land in an extent of Ac.1.50 cents each situated in Sy.No.1 of Tirumalarajupeta Revenue Village, Penagalur Mandal, Kadapa District, without having any authority and without following due process of law, as illegal and arbitrary.
ii) It is the case of the petitioners that the father of the 1st petitioner and petitioner Nos.2 and 3 were granted licences by the then Tahsildar, Penagalur Mandal, under Board Standing Order No.19-B to raise mango plants in an extent of Ac.1.50 cents each in Sy.No.1 of Tirumalarajupeta Revenue Village of Penagalur Mandal in the year 1990. Pursuant to the licences granted by the then Tahsildar, Penagalur Mandal, the father of the 1st petitioner and petitioner Nos.2 and 3 raised mango plants in their respective lands and now, the mango trees have come to fruit bearing. As per the terms of licence, the petitioners are entitled to enjoy the usufructs of the mango trees without claiming rights over the subject land. The petitioners have been paying cist to their land. It is the further case of the petitioners that the father of the 1st petitioner was issued a notice under Section 7 of the Land Encroachment Act by the 4th respondent-Tahsildar on 11.08.1994 calling upon him to submit an explanation within one week, for which the father of the 1st petitioner submitted an explanation to the 4th respondent. After receipt of the explanation, the 4th respondent neither passed any order and nor intimated any action. Since then, the petitioners have been in possession and enjoyment of their respective lands and they are eking out their livelihood out of the usufructs of the mango trees. Since 1994, no steps were initiated by the respondents, more particularly, by the 4th respondent even after issuance of the notice dated 11.08.1994. While so, now respondent Nos.2 and 3 are threatening to dispossess the petitioners from their lands due to political vengeance. On 25.06.2013, the 2nd respondent came to the lands of the petitioners and threatened the petitioners to evict them from their lands. Having no other option, the petitioners preferred the present writ petition.
3. The 2nd respondent filed a counter affidavit wherein it is stated that the land to the extent of Ac.1.50 cents and Acs.3.00 in Sy.No.1 of Tirumalarajupeta Revenue Village of Penagalur Mandal in YSR Kadapa District is river poramboke of Cheyyeru river in YSR Kadapa District. The said land belongs to the Irrigation Department. The then Mandal Revenue Officer, Penagalur, gave cowl pattas under B.S.O.No.19-B for an extent of Ac.1.50 cents each to the petitioners for raising mango plants along the boundary of the above said lands. It is further stated that the cowl patta granted to the petitioners will not confer any rights over their lands. Moreover, the then Mandal Revenue Officer, Penagalur, neither took prior permission nor obtained consent from the Irrigation & CAD Department before granting licences to the petitioners in respect of their lands. During the inspection conducted by the 2nd respondent, it was found that the mango plants are raised in the river bed of the Cheyyeru river and the petitioners encroached into the Cheyyeru river. It is also stated that the licences granted to the petitioners by the then Mandal Revenue Officer, Penagalur are liable to be cancelled and appropriate steps would be taken in this regard. The petitioners have no right over their lands and therefore, the writ petition is devoid of any merit and is liable to be dis