ORDER:

1. The present writ petition is filed declaring the action of the respondent Nos.2 to 4 in interfering with the peaceful possession and enjoyment of the petitioner’s property over the land admeasuring to an extent of 100 Sq.yds situated at R.S.No.145, of Burlupeta Village, Vizianagaram Mandal, Andhra Pradesh, even though the said land was allotted to the petitioner by the revenue authorities by way of possession certificate, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

3. Learned counsel for the petitioner submits that the petitioner herein is the absolute owner and possessor of the land admeasuring to an extent of 100 Sq.yds situated at R.S.No.145, of Burlupeta Village, Vizianagaram Mandal having acquired the same by way of alienation by the revenue department and was issued a possession certificate. Since then, the petitioner has been in peaceful possession and enjoyment of the subject property without any interference or hindrance. Later, the petitioner started construction at the subject land only after issuance of possession certificate by the 4th respondent. But, the 2nd respondent through the 3rd and 4th respondents herein is interfering with the peaceful possession and construction activity of the petitioner herein. He further submits that once the 4th respondent issued certificate admitting the possession and title of the petitioner over the subject property, the 4th respondent cannot interfere with the enjoyment and possession of the property of the petitioner without following due process of law.

4. On the other hand, learned Government Pleader for the respondents submits that except the possession certificate said to have been issued by the 4th respondent, no other documents were filed by the petitioner to show that the petitioner is holding valid title over the subject property. Moreover, such possession certificate can be issued even for an encroacher or an illegal occupant as well. He further submits that in the absence of any title in favour of the petitioner, the petitioner can be termed as an encroacher or an illegal occupant. Therefore, the construction in the subject property without there being any valid permission cannot be allowed.

5. Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents, it appears that the petitioner has been in possession of the said property since he was issued possession certificate by the 4th respondent i.e., from 2020 onwards. Further, the petitioner is not able to submit any other documents to prove his title apart from the possession certificate said to have been issued by the 4th respondent. Moreover, a possession certificate can be issued even in the absence of a valid title.

6. In view of the foregoing discussion, the present writ petition is disposed of directing the respondents to follow due process of law, if the respondents intend to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. Otherwise, the respondents are restrained to interfere with the peaceful possession and enjoyment of the petitioner’s subject property. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 09.08.2024 JLV

108 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17410 of 2024

09th August, 2024 JLV