THE HON’BLE SRI JUSTICE K.SARATH W.P.No.30717 of 2010

ORDER:

This writ petition is filed with the following prayer:

“ to issue an order or orders, direction or directions or issue a writ more particularly in the nature of Writ of Mandamus directing the respondent Nos.1 to 3 herein not to demolish the residential house of the petitioner herein bearing H.No.11-145 situated at Dasnapur village under Grampanchayath Mavala Mandal and District Adilabad and consequently declare the proceedings issued by the Respondent No.1 vide Proc. No.369/K5.Pts/2010 dt.03-12-2010 is illegal, arbitrary and against the principles of natural justice and violative of Article 14 and 21 of the Constitution of India and without jurisdiction under A.P. Panchayath Raj Act 1994.”

2. Learned counsel for the petitioner submits that at Grampanchayat limits of Mavala, about 1200 families were occupied the Government land and constructed residential houses and the Government regularized about 50% of those unauthorized occupants. The petitioner occupied about 30 x 60 feet area and constructed a small house and residing therein since 1995 and in the year, 1997, the Grampanchayat has allotted house number as 11-122/1 and in revision allotted a new house No.11-145 and he is paying house tax. While so, based on the complaint made by the respondent No.4, the respondent No.2 issued notices on 16.06.2010 and also on 25.10.2010 to the petitioner alleging that he has encroached the house of the respondent No.4 and constructed the house without permission and directed him to remove the said house within three days from the date of receipt of the notice. The petitioner gave reply to the said notices with all relevant documents. Learned counsel submits that without considering the said documents and without conducting due enquiry, the respondent No.1 issued proceedings dated 03.12.2010 directing the respondent No.2 to dismantle the residential house of the petitioner to the extent of 20 feet with the help of police, which is illegal and arbitrary and therefore he requested to allow the writ petition.

3. This Court, while admitting the writ petition, granted interim suspension of the impugned proceedings vide order dated 07.12.2010 in W.P.M.P.No.39092 of 2010 in W.P.No.30717 of 2010. The respondent No.4 filed W.V.M.P.No.176 of 2011 seeking to vacate the said interim order. On 21.03.2011, this Court, after hearing both sides, dismissed the said vacate petition observing that if the respondent No.4 has genuine grievance against the petitioner, she is entitled to approach the competent civil Court for redressal of such grievance. Against the said order, the respondent No.4 filed W.A.No.278 of 2011 before a Division Bench of this Court and the same was dismissed on 25.04.2011 upholding the orders passed by the learned Single Judge of this Court and observed that the District Panchayat Officer has no power to pass an order of demolition and the orders passed by the learned Single Judge are quite tenable.

4. In view of the orders passed by the Division Bench of this Court in W.A.No.278 of 2011 dated 25.04.2011, the Writ Petition is allowed setting aside the impugned proceedings dated 03.12.2010 issued by the respondent No.1-District Panchayat Officer. However, the respondent No.4 is at liberty to approach the competent civil Court for redressal of her grievance if any. No order as to costs.

5. Miscellaneous Applications, if any pending in this writ petition, shall stand closed.

_____________________ JUSTICE K.SARATH Date:11.01.2024 sj