IMPORTANT POINT
Summary eviction is impermissible when there is a dispute over property title; due legal process must be followed.

ORDER :

1. Writ Petition No. 17650 of 2020 is filed under Article 226 of the Constitution of India for the following relief:

“...to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the proceedings dt.14.09.2020 of the Secretary (Incharge), Ponnada Grampanchayat, Razole Mandal, East Godavari District in directing the petitioner not to proceed with the construction of the building while forwarding the proceedings MLR No. 05/2019 D.S. No. 05/2019-20 dated 14.05.2019 to the 2nd respondent for the cancellation as highly illegal, arbitrary exercise of power, without jurisdiction and violative of Art.19 and 300A of the Constitution of India and consequently to set aside the same and pass such other orders.”

2. Writ Petition No. 23576 of 2020 is filed under Article 226 of the Constitution of India for the following relief:

“...to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the eviction notice in Ref. B/1861/2020, dated 27.11.2020 issued under Section 7 of Andhra Pradesh Land Encroachment Act 3 of 1905 issued by the 4th respondent connected to my lands of Ac. 0.24 Cents in Sy. No. 327/2B1, Ac. 0.05 Cents in Sy. No. 327/2B, Ac. 0.05 Cents in Sy. No. 327/2B, Ac. 0.03 Cents in Sy. No. 327/2B1A, Ac. 0.02 Cents in Sy. No. 327/3 and Ac. 0.10 Cents in Sy. No. 327/2B1, thus total extent of Ac. 0.49 Cents of Ponnamanda Village in Razole Mandal of East Godavari District, without issuing Notice under Section 6 of the said Act, as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with the petitioner's possession and enjoyment over said properties and pass such other orders.”

3. The property involved in both the Writ Petitions is one and the same and the parties are the same. Therefore, both the Writ Petitions are being disposed of by this common order.

4. W.P. No. 17650 of 2020: A notice was caused by the Panchayat Secretary to the petitioner asserting that it is recommended to the District Panchayat Officer for cancellation of the approved proceedings in MLR No. 05/2019 D.S. No. 05/2019 dated 14.05.2019, basing upon Rule 8 of the Andhra Pradesh Grampanchayat Land Development (Layout and Building) Rules, 2002.

5. Assailing the said proceedings, the present Writ Petition came to be filed on the ground that the Secretary, Grampanchayat has no power to recommend to the District Panchayat Officer to cancel the permission granted by the Grampanchayat for construction of the building being the executive authority of the Grampanchayat and, however, the impugned proceedings were issued without considering the explanation and without giving any reasons and the petitioner herein has produced all the relevant documents to establish his rights and passed order under Rule 28 of the Andhra Pradesh Grampanchayat Land Development (Layout and Building) Rules, 2002, the executive authority or the District Panchayat Officer may revoke the permission, if it is found that such permission was obtained by fraudulent means or misrepresentation of facts. Therefore, prayed to allow the Writ Petition by setting aside the impugned proceedings.

6. The 2nd respondent-The District Panchayat Officer filed counter and stated that the petitioner herein has constructed the building in deviation of the plan and the explanation submitted by the petitioner is unsatisfactory and he admitted that the Panchayat Secretary is also competent to revoke the building permission sanction as per Rule 26 of the Andhra Pradesh Grampanchayat Land Development (Layout and Building) Rules, 2002. Hence, prays to dismiss the Writ Petition.

7. W.P. No. 23576 of 2020: The Tahsildar, Razole Mandal, has issued a notice under Section 7 of the Madras Act 3 of 1905 to the