THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.5051 OF 2020

O R D E R:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:-

“... to issue a Writ, order or direction, one more particularly in the nature of a “Writ of Mandamus” declaring the action of Respondents in interfering with the peaceful possession and enjoyment of the petitioners property in Sy.No.344/2, admeasuring Ac.0.33 Gts, situated at Veldanda Village, Narmetta Mandal, Jangon District, as being illegal, arbitrary, unconstitutional and violative of principles of natural justice and consequently direct the Respondents not to interfere with the possession and enjoyment of the petitioner land without following due process of law and pass such other order or orders …”

2. Heard Mr.Sridhar, learned counsel representing Mr.P.Sri Harsha Reddy, learned counsel for the petitioner, Mr.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 5 and Mr.Rama Krishna, learned counsel representing G.Narender Reddy, learned Standing Counsel for respondent No.6.

3. The brief facts of the case are that the petitioner is the absolute owner and possessor of the property situated in survey No.344/2, admeasuring Ac.0.33 Gts, situated at Veldanda Village, Narmetta Mandal, Jangon District, allotted to him by the Government under the Ex-service man quota; that the petitioner was also issued the pattadar pass book on

27.06.1995 and since then, he is in the peaceful possession of the property; that on 21.04.2018, the Government had issued fresh pattadar pass book in favour of the petitioner; that on 20.02.2020, the respondents came to the land of the petitioner, without any notice, and started interfering with the petitioner’s property by stating that they intend to form a dumping yard; that against the action of respondent Nos.3 and 4, the petitioner vide letter dated 26.02.2020 made a representation to respondent No.2 and the same is kept pending; that as on the date, the name of the petitioner is reflected as original land owner of the subject property; that the adangals/pahanis till 2020 reflect the name of petitioner in the revenue records as pattadars.

4. It is stated that an encroacher on the Government land is entitled for notice under the provisions of Land Encroachment Act; that if at all the subject land is required for public purpose, the respondent authorities have to follow the procedure for acquisition of the land by paying adequate compensation as per the statutory provisions under the Right to Fair Compensation and Transparency in Land Acquisition, Re-habilitation and Re-settlement Act, 2013. Therefore, aggrieved by the action of respondent authorities, the petitioner filed the present Writ Petition.

5. Learned counsel for the petitioner submits that the action of respondents in interfering with the peaceful possession and enjoyment of the petitioner over the subject property, without notice is illegal and arbitrary. Therefore, he seeks to pass appropriate orders.

6. Learned Assistant Government Pleader for Revenue submits that respondent Nos.1 to 5 are formal parties to this Writ Petition and the petitioner had sought for a direction against respondent No.6 alone. Therefore, he seeks to dismiss the Writ Petition.

7. Learned standing counsel submits that in the event any action is required to be taken against the petitioner, in respect of the subject property, the authorities concerned would follow due procedure as contemplated under law.

Therefore, he seeks to pass appropriate orders.

8. Having regard to the submissions of all the learned counsel and on perusal of the material available on record, this Court, without making any observations on the possession of the petitioner, is of the opinion that if at all the respondents are contemplating to take action with regard to the subject property, they shall strictly follow the procedure contemplated under law.

9. With the above dire