IMPORTANT POINT
The court ruled that authorities must respect due process before dispossessing individuals from their land, declaring arbitrary actions illegal.

ORDER :

(K. MANMADHA RAO, J.)

WP No.24625 of 2012 is filed under Article 226 of the Constitution of India, for the following relief:

“…… to issue any Writ order or direction one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularising of petitioners occupation of the land to an extent of 200 sq yards each in S No.275 of Adivivaram, Visakhapatnam District, bearing Door NO 18-37//3 under Assessment No.20110910022 and Door No.18-37/2 and Assessment No 20110910021 respectively, as illegal, arbitrary, bad in law violative of Art 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to pass orders regularising their occupation and pass……”

WP No.21398 of 2012 is filed under Article 226 of the Constitution of India, for the following relief:

“….to issue any Writ order or direction one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularising the petitioners occupation of the land to an extent 2500 sq meters in S No 275 of Adivivaram, Visakhapatnam District, as illegal, arbitrary bad in law violative of Art 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent……”

2. As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.

3. Since the facts in both the writ petitions are similar and identical, therefore WP No.24625 of 2012 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.

4. The facts of the case are that the petitioners are having an extent of 200 sq.yds., each in Sy No.275 of Adivivaram, Visakhapatnam District. As per municipal records they have been in possession and enjoyment of the said lands. The Government pursuant to the judgment of this Hon'ble Court, issued G.O.Ms.No.578 Revenue (Endowments-IV), dated 19-8-2000 prescribing guidelines and the amounts that are to be collected for regularization and issuance of no objection certificate by the 2nd Respondent. Thereafter, the petitioners approached the Respondents with an application on 30-5-2012 to regularize occupation of their land owned and possessed by them, who in-turn refused to receive applications, despite clear directions of the Government in G.O.Ms.No.578, dated19-8-2000. Though the application of the petitioners has been received by the 2nd respondent, he did not pass any orders nor is allowing the petitioners to make any constructions, though the land owned by them a patta land. The petitioners submitted plan for proposed construction of the building on the said land and basing on the approved plan, the petitioners constructed the building and they are regularly paying the municipal tax. It is further stated that the officers of the 2nd Respondent visited the subject land several times and found that it is a patta land, but not issuing NO OBJECTION certificate for the purpose of making permanent construction. On the other hand, the officials of the 2nd Respondent are coming regularly and threatening the petitioners that they will be dispossessed from their land and they will not accept their application. Hence, questioning the action of the respondents, the present writ petition has been filed.

5. This Court vide order dated 16.07.2012 in WP No.21398 of 2012, while issuing Notice before admission, has granted interim order that “status quo shall be maintained by both the parties, until further orders”.

6. The counter affidavit has been filed by the 2nd respondent in WP No.21398 of 2012. While denying the allegations made in the petition, inter alia, contended that, the respondent Devasthanam is maintaining a land protection wing headed by Assistant Executive Officer to protect the Devasthanam lands situated in 5 villages namely 1) Adivivaram, 2) Vepagunta 3) Venkatapuram 4) Purushothapuram and 5) Cheemalapalli including the lands covered by S.No.275 of Adivivaram(v). The land protection wing is empower