HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11377 of 2005 Date : 24.06.2011 Between : Salendra Komuraiah & others. …..Petitioners And The State of Andhra Pradesh, rep. by the District Collector, Warangal & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11377 of 2005 ORDER: This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondents in encroaching upon the land of petitioners to an extent of Ac.0.10 gts., covered by Sy.No.538/1 out of Sy.No.538/A and B on the Eastern side of Sy.No.538/2 of Palakurthy revenue village and Mandal of Warangal District, as illegal and arbitrary, with a consequential direction, restraining the respondents from illegally occupying the petitioners’ land without due process of law. The father of the petitioners has purchased an extent of 6 acres of land in Sy.No.538/A and B of Palakurthy village and Mandal of Warangal District. Out of the said land, he has donated one acre of land for construction of building complex for Mandal Development office and the Mandal Revenue Office, Palakurthy, on 29.03.1994. After taking possession, the land was handed over to the Mandal Revenue Officer, Palakurthy, who in turn, handed over the same to the Deputy Executive Engineer, Panchayat Raj, for starting construction. It is stated that the donated land is sub- divided and is given Sy.No.538/2. It is the case of the petitioners that after donation of the subject land by their father, there was a partition and in the said partition, the remaining land fell to the share of petitioners. It is their allegation that as the building, which was constructed earlier, was blasted by the extremists, respondents are making new constructions, by encroaching upon an extent of 10 gts. of land covered by Sy.No.538/1. Though counter affidavit is not filed, when the matter is taken up, I have perused the para-wise remarks submitted by the learned Government Pleader. It is the case of respondents that as per the sketch prepared at the time of donating the land, a road of 24 feet width was made as approach road to the donated site for Mandal complex from the middle of Sy.No.538, but the petitioners have deviated the location sketch and shown the road towards Northern side of the site and included the approach road in their own land in order to get the benefit of land earmarked as approach road. It is further stated that the land in question is not used for agriculture purpose in view of the development and it is now being sold on yard basis, in view of increase in land value. In this case, it is to be noticed that after donation of land by the father of petitioners, already a separate survey number is given to the said one acre, as Sy.No.538/2. As much as the respondents are disputing the sketch prepared by the petitioners, it is not possible for this Court to give a finding in this writ petition, as to whether the said sketch is correct one or not, so as to accept their plea that there is an encroachment by the respondents to an extent of 10 gts. of land. Be that as it may. Since the petitioners are alleging encroachment by the respondents into the land covered by Sy.No.538/1, which is being denied by the respondents, I deem it appropriate to dispose of the writ petition with a direction to the respondents not to encroach upon any area other than the land donated by the father of petitioners in Sy.No.538/2 of Palakurthy village and Mandal of Warangal District. Subject to the above direction, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 24th June 2011 ajr