THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20629 of 2005 Dated 02nd April, 2014 Between: Mudigonda Durga Prasad s/o Ramulu. …Petitioner and The Gramapanchayat, Tiruvuru, represented by its Executive Officer, Tiruvuru, Krishna District and another. … Respondents THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20629 of 2005 O R D E R: This writ petition, under Article 226 of the Constitution of India, is file, seeking the following relief: “to pass an order or orders or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with possession and enjoyment of house and house site admeasuring Ac. 03 1/2 cents situated in R.S.No. 170/5, Nadim Tiruvuru, Krishna District, with out following procedure and without giving notice, as illegal, arbitrary and violative of principles of natural justice and consequently seeking direction to respondents not to interfere with the possession and enjoyment of petitioner and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2. Heard Sri Srinivas Rao Velivela, learned counsel for the writ petitioner and Sri G.Alisha, learned Standing Counsel for the first respondent/Grampanchayat and the learned Government Pleader for the second respondent/Panchayat Raj. 3. According to the petitioner his maternal grandfather, one Mr.Gunda Ramulu was the absolute owner of ancestral property of the house admeasuring Ac.0.02 cents in Sy.No.170/5 of Nadiim Tiruvuru. When the father of the petitioner migrated from Tiruvuru from Nuzvid, the petitioner’s maternal grandfather gifted the said house property to the petitioner’s mother by way of an unregistered gift deed dated 15.06.1970. It is further averred in the writ affidavit that in the year 1996 petitioner purchased an extent of 0.01 cents on the western side of the above mentioned two cents under agreement of sale dated 25.08.1986 from one Smt.Miryala Seetharavamma. According to the petitioner, the Mandal Revenue Officer, Tiruvuru Mandal, issued a possession certificate in favour of the petitioner on 09.06.1997 after due verification and subsequently the petitioner obtained the regular sale deed through Smt.Miryala Seetharavamma on 04.04.2001. Petitioner claims to be in exclusive possession and enjoyment of total extent of Ac.0.03 cents in the said Sy.No.170/5 of Nadim Tiruvuru. It is further pleaded that as the room constructed in the year 1972 in Ac.0.02 cents became dilapidated, petitioner constructed the house in the said site purchased by him from Miriyala Seetharavamma by obtaining permission from the first respondent Grampanchayat vide Permit No.97 (25)/11-11-2002. According to the petitioner, in the sanctioned plain also on the eastern side his remaining site and building were shown to the level of 15.20 meters. It is alleged by the petitioner herein that old room situated in Ac.0-02 cents suffered partial collapse due to heavy rains and the petitioner removed the debris by demolishing the remaining portion and proposed to construct a room to carryout livelihood of laundry work. However, the officials of the first respondent Grampanchayat came to the subject property on 17.09.2005 and asked the petitioner to stop removing the debris by saying that the first respondent would construct a building in the said site for the purpose of quarters. Contending that the officials of the first respondent did not hear his words and making allegations against the Sarpanch of the Grampanchayat, the present writ petition has been filed. 5. This Court, while ordering Rule nisi on 20.09.2005 in WPMP.No.26315/2005 granted interim direction to the respondents not to interfere with the possession and enjoyment of the petitioner and the said order is continuing till date. 6. In the counter affidavit filed on behalf of the first respondent/Grampanchayat, it is stated that the petitioner owns only 62 sq.yds of house site in Sy.No.170/5 situated at Nadim Tiruvuru village wherein he constructed a residential house and there is an extent of Ac.0.01 ½ cents of land which is classified as Gram Kantham adjacent to the house site of the petitioner and the petitioner is no way concerned with the room constructed by the Grampanchayat in the said land and is entitled to only his own property of 62 sq.yds in Sy.No.175/5 and that no person can transfer the Gram Kantham land by way of alleged gift deed. 7. The sole grievance in the writ petition is that without following the due process of law and without giving any notice to the petitioner herein, the respondents are interfering with the possession and enjoyment of the petitioner in respect of the subject property. Since this Court granted interim order as long back as on 20.09.2005 and as the same is continuing till date, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents herein not to interfere with the possession and enjoyment of the petitioner herein in respect of the subject property except in accordance with law. 8. In fact, the petitioner herein along with the writ petition filed the plan issued by the Grampanchayat dated 11.11.2002 and possession certificate dated 09.07.1997 issued by the Mandal Revenue Officer showing an extent of Ac.0.03 cents and also tax receipts issued by the Grampanchayat. 9. For the aforesaid reasons, the writ petition is disposed of, directing the respondents herein not to interfere with the possession and enjoyment of the petitioner herein in respect of the subject property except after issuing notice and after affording an opportunity of being heard to the petitioner and in accordance with the provisions of Andhra Pradesh Panchayat Ray Act. As a sequel, miscellaneous petitions pending, if any, shall stand closed. No order as to costs. _________________ A.V.SESHA SAI,J Date: 02-04-2014 grk THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20629 of 2005 Dated 02nd April, 2014 grk