IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10889 of 2008 Between: 1 Ainam Satyanarayana, S/o. Subba Rao, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 2 Konda Durga Nageswara Rao, S/o. Satyanarayana, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 3 Konda Suryakantham, W/o. Satyanarayana, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 4 Raja Varalakshmi, W/o. Sreeramulu, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 5 Raja Parvathi, W/o. Satyanarayana, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 6 Ainam Sreenivasa Rao, S/o. Satyanarayana, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 7 Adabala Kasi Viswanadham, S/o. Venkanna, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 8 Ankolu Pochamma, W/o. Satyanarayana, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 9 Kakarla Vishnu Srinivasa rao, S/o. Appa Rao, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 10 Kakarla Ramanjaneyulu, S/o. Appa Rao, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 11 Gajula Rukmini Bhagyalakshmi, W/o. Nageswara Rao, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. 12 Gajula Taraka Naga Gangafhara Vigneswara Rao, S/o. Nageswara Rao, R/o. China Ramachandrapuram, Ganapavaram Mandal, West Godavari District. ..... PETITIONERS AND 1 The Chief Executive Officer Zilla Praja Parishad W. G Dist Eluru 2 The Deputy Chief Executive Officer Zilla Praja Parishad W.G Dist Eluru 3 The Dist Collector W.G Dist,Eluru 4 The Tahsildar Gangavaram W.G Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus, or any other appropriate writ, order or Direction: i) declaring that the respondents 1 and 2 are the Zilla Praja Parishad, West Godavari, Eluru have no power or authority to levy, demand and collect encroachment tax from the petitioners in respect of their house sites for which pattas were granted by the Mandal Revenue officer, Ganapavaram in his proceedings R.Dis. 129/97(A) dated 25.4.1997 and 6.5.97 situate in R.S No. 57/2 of China Ramachandrapuram, Ganapavaram Gram panchayath and Mandal , West Godavari District and consequently the common individual notices bearing R.C. No. 04/6722/2005 dated 3-4-2008 issued by the 2nd Respondent herein to the petitioners on 6-5-2008 demanding payment of encroachment tax from them for the said house sites are illegal. Counsel for the Petitioner:MR.T.DURGA PRASAD RAO Counsel for the Respondents: MR.M.PRABHAKAR RAO GP FOR REVENUE The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10889 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ petition is filed by the petitioners challenging the action of respondents 1 and 2 in levying and demanding the encroachment tax for their house sites, in respect of which, pattas were granted by the Mandal Revenue Officer, Ganapavaram vide proceedings in R.Dis.No.129 (A), dated 25.4.1997 and 6.5.1997. It is the case of the petitioners that the Mandal Revenue Officer allotted house sites to the petitioners and granted pattas way back in the year 1997, but, ignoring the said fact, respondents 1 and 2 issued notices demanding encroachment tax. Hence, the petitioners filed the present writ petition. Heard the learned Counsel for the petitioners and the learned Government Pleader for revenue and perused the material available on record. It is the contention of the learned Counsel for the petitioners that the Mandal Revenue Officer granted pattas to the petitioners in the year 1997 itself in respect of their respective houses and therefore, the action of respondents 1 and 2 in demanding encroachment tax is arbitrary. In the facts and circumstances of the case and in view of the submission of the learned Counsel for the petitioners that the pattas were granted to the petitioners in respect of their respective houses, without expressing any opinion on the merits of the case, We feel it a fit case wherein the petitioners can be afforded an opportunity to make a representation in respect of their claim. Accordingly, the petitioners are at liberty to make a representation before the Zilla Praja Parishad, West Godavari, Eluru, within a period of four weeks from the date of receipt of a copy of the order and on such representation, the 1st respondent shall pass appropriate orders, within a period of eight weeks thereafter, keeping in view the fact that the M.R.O., has already granted pattas in respect of the houses of the petitioners in the year 1997. Till such time, both the parties are directed to maintain status quo in respect of the properties in question. Subject to the above direction, the writ petition is disposed of. No order as to costs. _______________________ Justice T. Meena Kumari ____________________________ Justice Ramesh Ranganathan Date: 9th June, 2008 gurc. THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10889 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 09.06.2008