THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 33847 OF 2013

ORDER:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the inaction of respondents No.1 to 5 in taking any action against the illegal and unauthorized construction undertaken by the respondents 6 to 11 by encroaching the road and resulting in the obstruction of the way leading to the petitioner’s house constructed in Ac.0-02¼ gts., assigned by the Government in Survey No.196/1 of Ellanthakunta Village and Mandal, Karimnagar District, as illegal and arbitrary and consequently to direct the respondents No.1 to 5 to take action against the illegal and unauthorized construction undertaken by the respondents 6 to 11 and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner was assigned an extent of Ac.0.2¼ gts., of land in Survey No.196/1, situated at Ellanthakunta Village and Mandal in the year 2001. Thereafter, the possession certificate to this effect was also issued in the year 2008 and the petitioner claims to have constructed a house therein and has also filed a Suit in O.S.No.48 of 2009 before the Junior Civil Judge at Sircilla, which was decreed in favour of the petitioner, restraining the respondents No.6 to 11 perpetually from making obstructions to the way leading to the petitioner’s house. It is submitted that in spite of said decree, the respondents have again started making construction in the plot assigned to the Dr.Ambedkar Society by encroaching into the petitioner’s way and causing obstruction to the way without any valid permission. Though the petitioner has filed complaints to the respondents No.2 to 5 and also to the Tahsildar, Ellanthakunta, no action has been taken by the respondents and therefore, the petitioner has filed the present writ petition.

3. Learned counsel for the petitioner has filed a copy of the possession certificate dated 24.07.2008 and the judgment and decree dated 03.01.2012 in O.S.No.48 of 2009 on the file of the Junior Civil Judge at Sircilla, along with the sketch map in which the lane on the right side of the plot of Mahatma Gandhi Youth Club and Dr.B.R.Ambedkar Society as well as the petitioner’s house was shown. He has also filed the copies of the police complaints against the unofficial respondents encroachment of the way of the petitioner.

4. Learned Standing Counsel appearing for the respondents No.2 and 3, has filed a counter affidavit stating that the petitioner was allotted Ac.0-01 gts., of land i.e., 121 sq.yards, as per the letter No.B/359/2001, dated 31.03.2001, but has encroached further land and has constructed a house to an extent of 150 sq.yards of land as per the report of the Tahsildar dated 23.12.2013 and that no assignment was made to the petitioner vide Proceedings No.B/119/2008, dated 24.07.2008. It is further submitted that it was not true to say that there was a 12 feet passage to his house and as per the location sketch furnished from the office of the Tahsildar, Ellanthakunta, the way was only 6 feet wide. It is further submitted that the respondents No.6 to 11 were no way concerned with Dr.Ambedkar Society and that the Ambedkar Society building was being constructed from the M.P.Lads funds only on the land allotted to the Society, but there is no encroachment. It is stated that the petitioner himself has encroached about 30 sq.yards of land as per the report of the Tahsildar dated 23.12.2013. As regards the judgment and decree passed by the Junior Civil Judge at Sircilla in O.S.No.48 of 2009, it is stated that the Gram panchayat was not made a party to the suit proceedings and unconcerned persons were impleaded as defendants in the suit and an exparte decree was obtained which was not binding on the respondents in the writ petition. It is submitted that the Ambedkar Society building was being constructed only in the land which was allotted for the said purpose and that by v