The petitioner was found to encroach on communal land leading to the dismissal of her claims and allowing the Gram Panchayat to proceed with demolition.

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Respondent Nos.1 to 4, learned Standing Counsel for the 5^th respondent and learned counsel for 6^th respondent and perused the material placed on record.

2. Learned counsel for the petitioner submits that the petitioner is pattadar and possessor of an extent of Ac.0.50 cents in Sy.No.418/1 situated at Mannava Village, Ponnur Mandal, Guntur District having acquired the same through her father-in-law being a legal heir. Since the date of acquisition, the petitioner has been in possession and enjoyment of the subject property. Learned counsel for the petitioner submits that before his inheritance of the subject property of Ac.0.50 cents from her father-in-law, an extent of Ac.0.07 cents was acquired for construction of drainage by the 5^th respondent – Gram Panchayat in the year 1999. Later the 3^rd and 4^th respondents herein acquired another extent of Ac.0.41 cents out of Ac.0.43 cents for providing house site pattas to homeless poor people in the year 2007, by leaving Ac.0.02 cents to the petitioner. He further submits that the petitioner got constructed a house at the remaining extent of land after acquisition i.e., Ac.0.02 cents. Without considering the said fact, the respondent No.5 – Gram Panchayat issued impugned notice alleging that the petitioner is an encroacher of the subject land is contrary to the revenue record and constitutional right of the petitioner and even though the respondent Nos.3 and 5 admitted the title of the petitioner while acquiring the property of the petitioner.

Hence the writ petition.

3. On the other hand, the 6^th respondent herein filed material papers wherein it is stated that as per revenue records Sy.No.480-1 is consisting of Ac.0.50 cents and out of that vide an Award No.13/1999 an extent of Ac.0.07 cents were acquired. Thereafter another extent of Ac.0.41 cents of land out of remaining extent of Ac.0.43 cents was also acquired vide an Award No.12/2007. Therefore, as per revenue records, the petitioner was leftover with an extent of Ac.0.02 cents only. Pursuant to the complaint of the villagers including the 6^th respondent herein and in view of directions of this Court, the 4^th respondent herein conducted survey and demarcated after following due procedure as contemplated under A.P. Survey and Boundaries Act, 1923 wherein it is found that the petitioner is holding physically an extent of Ac.0.01 cents but as per document she was declared and holding an extent of Ac.0.02 cents. It is further stated that the said extent of land was still set apart as vacant but she got constructed by occupying the drainage and other Government land in an extent of Ac.0.04 cents, for which the respondent Gram Panchayat issued notices alleging that the petitioner encroached the subject land and constructed subject house property in encroached land only.

4. Learned Standing Counsel for 5^th respondent also filed counter, wherein it stated as under:

“m) It is respectfully submitted that the writ petitioner since started constructing the RCC building by encroaching an extent of 0.03 ½ cents in Sy.No.418-B which is a communal site of Indiramma Housing Colony and also by further encroaching an extent of 0.0½ cent in Sy.No.418-1A of Kollimarla Drain Bund, thus a total extent of 0.04 cents has been encroached upon and started constructing RCC building without even obtaining any building permission from this answering respondent and therefore initially, this answering respondent issued notice, dt.23.09.2021 but the petitioner filed writ petition before this Hon’ble Court in W.P.No.251