ORDER:

Heard the respective counsel and perused the material available on record.

2) It is the case of the petitioner that he is the absolute owner and possessor of the residential house bearing Door No.6-100 & 101, admeasuring 194 Sq. Yards consisting with G+1 Floor, situated at Temple street, Korkonda Village & Mandal, East Godavari District. The petitioner has acquired open site by way of two registered documents (i.e.) (1) a registered settled deed, dated 11.06.1997 for an extent of 97 sq. yards and (2) a registered sale deed, dated 07.10.1980 for 1/3rd share out of 292 sq. Yards jointly. Later, he got registered a rectification deed, dated 24.11.1999 in respect of registered settlement deed, dated 11.06.1997 by mentioning his 1/3rd share boundaries.

3) In the year, 2005 after obtaining the permission and sanctioned plan from the concerned, the petitioner constructed a building with RCC consisting with Ground Floor + 1 floor in an extent of 97 sq. yards and got mutated his name in Gram Panchayat records and other concerned records and the 6th respondent allotted house number. Since then, the petitioner has been paying house tax and electricity power consumption charges regularly.

4) In the last week of August, 2021 the subordinate staff of the respondents came to the house premises of the petitioner and informed that they are going to demolish the houses situated along with main road (i.e.) temple street road for the purpose of the road widening and put a marking on his house and also on his neighbouring houses. When the petitioner and other neighbours asked the action of the respondents’ staff, they have threatened them that they will come at any point of time for demolition of part of the houses as per the marking for the purpose of road widening.

5) Learned counsel for the petitioner submitted that the petitioner had constructed building in the year 2005 after obtaining valid permission and sanction plan from the 6th respondent and his house premises is not causing any hindrance and hurdle to the public for their ingress and aggress.

6) Learned counsel for the petitioner further submitted that the proposed action of the respondents in marking on the houses for demolition of the house structures for road widening without issuing any notice to the petitioner is highly illegal, arbitrary and violation of principles of natural justice.

7) In the counter-affidavit, the 7th respondent submitted that the petitioner’s house bearing H.No.6-100 & 101 is situated in Temple Street, Korukonda Village and Mandal, East Godavari District, and the same was constructed by the petitioner in his own land and there is no encroachment found by the petitioner in R & B land. If the petitioner’s land is required for widening of road in future, the R & B Department will follow due process of law.

8) Having heard the respective counsel, upon perusing the material available on record and contention of the 7th respondent in his counter that the subject house property pertains to the petitioner’s own and there is no encroachment found by him in R & B land, in the considered opinion of this Court, the petitioner is absolute owner of the subject land and he is not encroached the R & B land, and as such, further adjudication in this case is not required.

9) Accordingly, the writ petition is disposed of. It is made clear that if the petitioner’s land is required for widening of road in future, the respondents shall follow due process of law.

10) There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

______________________________ JUSTICE BATTU DEVANAND

Date: 01.11.2021

PGR

HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION No.20801 OF 2011 Dt: 01.11.2021 PGR