THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.6765 of 2009 Dated:12.04.2010 Between: Mandiyakeddi Gowramma. … Petitioner AND The Tahsildar, Arakuvalley, Visakhapatnam, And others. … Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.6765 of 2009 ORDER: The petitioner filed the instant writ petition aggrieved by the inaction of respondent Nos.1 and 2 in delivering the land admeasuring 576 square yards in survey No.48/P situated at Pedalabudu Village of Arakuvalley Gram Panchayat, Arakuvalley, Visakhapatnam (hereafter called, petition schedule land), as illegal and arbitrary. She also seeks a consequential direction. The petitioner statedly is a tribal. The husband of the petitioner purchased the petition schedule land from one Appala Konda on 25.06.1984. Opposite to the petition schedule land there is a Church/prayer hall called Hermon Prayer Hall. The petitioner’s family also used to attend to the same. Respondent No.3, who is the Pastor of the Hermon Church was transferred from Arakuvalley to Kovvur. He did not like to leave the place. Thereafter, he started respondent No.4 – Mission, and tried to encroach upon the petition schedule land in November 2007. The petitioner gave a complaint to respondent Nos.1 and 2, in vain. In the meanwhile, respondent No.3 occupied the petition schedule land by creating forged documents and commenced construction of a Church/ Prayer Hall. As respondent Nos.1 and 2 did not initiate any action, the present writ petition is filed. This Court ordered notice before admission on 01.04.2009 and passed interim orders directing respondent Nos.1 and 2 to verify whether the petition schedule land was taken away by respondent Nos.3 and 4 contrary to law and if so to take necessary steps to protect the petitioner’s possession. This Court also directed that there shall be no construction/structures without permission from the authorities. Respondent No.4 filed W.V.M.P.No.3029 of 2009 for vacating the interim order. Respondent Nos.1 and 2 also filed counter affidavit. When the miscellaneous petitions are listed, with the consent of the parties the matter is heard and is being disposed of finally. In the counter affidavit filed by Tahsildar, Arakuvalley, it is stated that the land in survey No.48/P of Pedalabudu Village is classified as Arakuvalley Township (village site). The petitioner and respondent No.3 have no title over the land. The latter is a Priest in Hermon Prayer Hall. Pyala Appala Konda is a non-tribal and he has no right over the land. The unregistered sale deed executed by him on white paper in favour of husband of the petitioner is void as it is in violation of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, Regulation No.I of 1959, as amended by Regulation No.I of 1970. The allegation that respondent Nos.1 and 2 did not take action is denied. It is averred that after receiving the representation a notice was issued to respondent Nos.3 and 4 to stop further construction and produce evidence to establish their right over the petition schedule land. The local Station House Officer was also addressed in this regard. The petitioner and respondent Nos.3 and 4 are encroachers and a notice board has been erected near the land and the Inspector of Police was addressed to extent necessary protection. Respondent No.1 is taking necessary action under the Andhra Pradesh Land Encroachment Act, 1905. One D.Ranga Rao claiming himself to be the President of respondent No.4 filed counter affidavit. The allegations made therein are as follows. He and his ancestors belong to Valmiki tribe. Their family is in continuous possession of the petition schedule land. He and others registered respondent No.4 under the Andhra Pradesh Societies Registration Act, 2001 (Certificate No.241/2008, dated 31.03.2008). He then gifted the petition schedule land in favour of members of the Society for construction of the Church. All the members approached respondent No.1 on 03.03.2009 and the District Collector on 20.04.2009 seeking permission for construction of the Church. While denying the allegations made by the writ petitioner it is further stated that even before the petitioner claimed the petition schedule land, the devotees of the Church constructed a pucca building in the land comprising in survey No.64/P by raising donations. The petitioner occupied the building and now she is again trying to grab the land. Respondent No.3 has nothing to do with the construction of the Church and he is only Pastor of the Church. The Counsel for the petitioner, respondent Nos.3 and 4 and Assistant Government Pleader for Revenue made their submissions. There is a dispute with regard to the title of the land. The petitioner and the President of the Church are tribals. The petitioner also claims that her husband purchased the land from a person who is statedly a non-tribal. Nextly, respondent Nos.1 and 2 claim that the petition schedule land is a Government land. They also contend that necessary action is being taken under the Andhra Pradesh Land Encroachment Act for evicting the encroachers. In this situation if respondent No.4 proceeds with the construction of the Church, especially when their applications for permission are pending with the Tahsildar and District Collector, it is likely to create problem in the area. Therefore, respondent Nos.1 and 2 may conduct necessary enquiry and pass appropriate orders immediately. Needless to mention, if any action is initiated under the Andhra Pradesh Land Encroachment Act, notice may be issued to the petitioner, respondent No.3 as well as the President of respondent No.4. This order does not preclude respondent No.4 from approaching the District Collector for assignment/alienation of suitable land for construction of the Church. The Writ Petition, with the above observations, is accordingly disposed of. _______________ (V.V.S.RAO,J) 12.04.2010 vs