IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE THIRTEENTH DAY OF JULY, TWO THOUSAND AND ELEVEN WRIT PETITION No.13838 of 2008 Between: M.Laxman and others. … Petitioners And The GHMC, Kapra Division, reptd., by its Dy.Commissioner, Kapra, R.R.District and another. … Respondents Counsel for the petitioners: Sri Vijay Ashrit. Counsel for the respondents: Sri C.Damodar Reddy for R.1. AGP for Revenue for R.2. This Court made the following: ORDER:- At the interlocutory stage the Writ Petition is taken up for hearing and disposal, with the consent of the learned counsel for the parties. I have heard Sri Vijay Ashrit, learned counsel for the petitioners and Sri C.Damodar Reddy, learned Standing Counsel for respondent No.1. The petitioners are residents of Subhodayanagar Colony, Kapra village, Keesara Tehsil, Ranga Reddy District, which is claimed to be a notified slum. The petitioners alleged that the respondents and their staff came to their residences on 7-1-2008 for carrying out demolition of their houses and initiate measures to dispossess them forcibly and illegally; that, thereupon, they have filed Writ Petition No.1976 of 2008, which was disposed of by this Court on 19-2-2008 by recording the statement of the learned Standing Counsel for respondent No.1 that there is no proposal to interfere with the possession and enjoyment of the inhabitants of the Subhodaya colony; and that again on 27-6-2008 the respondents have partially demolished their houses without prior notice or initiating any proceedings. On behalf of respondent No.1, the Deputy Commissioner of Circle-I (Kapra Circle) filed a counter- affidavit, wherein it is, inter alia, mentioned that the land admeasuring Ac.181.37 guntas in Survey No.199 of Kapra village, Keesara Mandal, is a Government land, which was originally classified as Poramboke Sarkari as per the Khasra Pahani for the year 1954-55; that respondent No.2 by letter No.LC3/3013/2007, dated 6- 8-2007, directed the Tahsildar, Keesara Mandal, to handover advance possession of the Government land in the said survey number to respondent No.1- Corporation for public purpose, viz., for development of parks, to take up Urban Health Centers and for Urban Housing Scheme; that as per the said order of respondent No.2, the Tahsildar, Keesara Mandal, has handed over possession of the land to an extent of Ac.10.27 guntas, comprising five pieces i.e., A,B,C,D,E as shown in the plan in Survey No.199(p) of Kapra village to respondent No.1 on 26-2-2008. It is further averred that during the inspection of the said land the officials of respondent No.1 observed that there are some encroachments in the shape of single/ double room sheds with A.C. sheets and some pucca structures; and that respondent No.1 has requested the Tahsildar, Keesara Mandal, to hand over vacant possession of the said land, after removing all the encroachments, duly demarcating and fixing the boundaries enabling respondent No.1 to construct the compound wall to protect the said land from encroachment. It is further stated that the petitioners have made false and baseless allegations and that they have been making hectic efforts to encroach the vacant land taking advantage of the interim order dated 30-6- 2008. It is also pleaded that the land, the possession of which was handed over to respondent No.1, does not form part of the notified slum of Subhodayanagar colony. From the above noted averments contained in the rival pleadings, it is quite evident that while the petitioners have alleged undue interference by respondent No.1 with the residential houses situated in Subhodayanagar Colony, it is the case of respondent No.1 that the petitioners have tried to encroach upon the extent of Ac.10.27 guntas in Survey No.199(P) of Kapra village, which was handed over to it by the Tahsildar, Keesara Mandal. In paragraph 4 of the counter-affidavit it is averred that during the inspection the deponent of the counter-affidavit observed that there are some encroachments in the shape of single/double room sheds with A.C. sheets and some pucca structures and that he has requested the Tahsildar to hand over vacant possession of the said land. From this averment it is reasonable to conclude that there are already buildings over the land with respect to which respondent No.1 is seeking to exercise its rights. Such being the case, it is incumbent upon respondent No.1 to issue a notice to the occupants of the sheds/buildings, who have allegedly encroached the land given over to respondent No.1 and take appropriate decision for evicting them by following due process of law. In the guise of taking possession of Ac.10.27 guntas, the respondents cannot forcibly and highhandedly interfere with the properties in the possession of the petitioners. If the petitioners have raised structures over the land, which forms part of Subhodayanagar colony, respondent No.1 cannot interfere with their possession. Conversely, if the petitioners have encroached any part of Ac.10.27 guntas of land in Sy.No.199(P), which does not form part of Subhodayanagar colony, respondent No.1 shall be entitled to evict the petitioners by following the procedure prescribed by law. Respondent No.1 is, therefore, directed to issue appropriate notice to the petitioners. After considering the explanation, if any, filed by them within a period of 15 days from the date of receipt of such notice, respondent No.1 shall pass appropriate order before seeking to proceed further with the taking possession of the land in question. Subject to the above directions, the Writ Petition is disposed of. As a sequel, interim order dated 30-6-2008 is vacated and WPMP No.17871 of 2008 and WVMP No.18 of 2009 are disposed of as infructuous. ------------------------------------- - C.V.NAGARJUNA REDDY,J Date:13-7-2011 MNR