The court affirmed that eviction orders must comply with natural justice principles, ruling the eviction notice invalid as it lacked fair prior notice and disregarded existing proposals for land alienation.

ORDER :

Heard Mr J.Sudheer, learned counsel appearing on behalf of the petitioner and learned Government Pleader for revenue and also learned Government Pleader for Social Welfare appearing on behalf of respondents.

2. The petitioner Smt B.Lakshmi Rajyam, W/o B.Prakas Rao, correspondent Beulah School, Chitkul, Patancheru (Mandal), Medak District has filed the three writ petitions vide W.P.Nos.4692 of 2004, 16678 of 2014 and 19119 of 2021 seeking respective prayer’s.

3. The prayer in W.P.No.4692 of 2004, is as under:

“to issue a writ, order or direction(s) essentially in the nature of Writ of Mandamus directing the respondents to alienate the land to the petitioner herein wherein the petitioner’s school and playground is situated to the extent of 35 guntas in Survey No.329/1 situated at Chitkul village, Patancheruvu Mandal, Medak District as proposed earlier by holding the action of the respondents herein in not allotting the same to the petitioner herein and asking her to give consent for alternate land which is inaccessible and feasible to run a school as bad, illegal, arbitrary, discriminatory and unconstitutional.

4. The prayer in W.P.No.16678 of 2014, is as under:

“to issue a writ, order or Direction(s) more particularly, one in the nature of writ of certiorari and call for the records pertaining to the impugned proceedings Lr.No.B1/1393/2014, dated 30.05.2014, issued by the 7th respondent and set aside the same as bad, illegal, irrational, arbitrary, discriminatory and unconstitutional and violative of principles of natural justice and also violative of the procedure contemplated under Public Premises (Eviction of Unauthorized Occupants) Act, 1971.

5. The prayer in W.P.No.19119 of 2021, is as under:

“to declare the action of the respondents No.7 and 8 working in the capacity of the respondents No.5 and 6 respectively in trespassing to the peaceful possession of the property of the petitioner, which is in her possession since 1986/87 and demolishing the structures such as compound wall and sheets erected by the petitioner to protect from the stray animals to enter into play ground and also demolishing the backside portion of the church as bad, illegal, unfair and unconstitutional besides being violative of status-quo order dated 12.03.2004 in WP.No.4692 of 2004 and also contrary to the proposal of consideration of the claim of the petitioner for alienation of 2 acres of land situated in Sy.No.329/1 and in utter violation of principles of natural justice and rule of law, amounting to abuse of power and colourabile exercise of power and misuse of power and consequently direct the party respondent Nos.7 and 8 to reconstruct the demolished portions in their personal capacity and further direct the State Authorities to take necessary steps/disciplinary action against the respondent Nos.7 and 8 for acting in utter disregard to rule of law and consequently direct respondent Nos.1 to 4 to consider and pass appropriate orders on the representation/claim of the petitioner for alienation in accordance with law by further holding the action of the respondent Nos.1 to 4 in not doing so as bad, illegal, unfair and unconstitutional by issuance of Writ of Mandamus or to issue a Writ, Order or Direction in the interest of justice.”

6. PERUSED THE RECORD

A) The order dated 12th March, 2004 passed in W.P.M.P.No.6143 of 2004 in W.P.No.4692 of 2004, reads as under:

“Status quo as on today with regard to the land in an extent of Ac.0.35 guntas in Survey No.329/1 of Chitkul Village, and the structure