IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.NOS.4169, 4184, 4480, 4481, 4498, 4508 AND 4519 OF 2009 WRIT PETITION NO : 4169 of 2009 Between: G. Sreenivasulu, s/o. G. Venkataramanappa, R/o. D.No. 8/303, North School, Kalyanadurg, Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat , Kalyanadurg Rep. by its Secretary, Anantapur District. 3 The Tahsildar Kalyanadurg , Kalyanadurg Anantapur District. 4 The Deputy Executive Engineer, Roads and Buildings Department, Kalyanadurg, Anantapur District. .....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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of Notice in Rc No. 45/2008 dt. 18- 11-2008 and to the reply thereon as illegal, arbitrary and violative of Article 300-A of the Constitution of India and violative of guidelines issued by the Hon'ble Court in WP No. 21787/2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4184 of 2009 Between: G.S. Prasad S/o. G. Pullaiah R/o. D.No. 8/316, Kalyanagurg Town, Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat , Kalyanadurg Rep. by its Secretary, Anantapur District. 3 The Tahsildar Kalyanadurg , Kalyanadurg Anantapur District. 4 The Deputy Executive Engineer, Roads and Buildings Department,, Kalyanadurg Anantapur District. .....RESPONDENT(S) 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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of Notice in Rc No. 45/2008 dt. 18- 11-2008 and to the reply thereon as illegal, arbitrary and violative of Article 300-A of the Constitution of India and violative of guidelines issued by the Hon'ble Court in WP No. 21787/2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4480 of 2009 Between: K.Rama Krishna S/o.Shanmukappa R/o.D.No.8/344-11, Opp:M.R.O., Office Kalyandurg village and Town, Anantapur District ..... PETITIONER AND 1 The Government of Andhra PRadesh, rep.by its Secretary, Panchayat Raj Department, Secretariat Hyderabad 2 The Kalyandurg Gram Panchayt, Kalyandurg rep.by its Secretary,Anantapur District 3 The Tahsildar, Kalyandurg, Kalyandurg, Anantapur District 4 The Deputy Executive Engineer, Roads and Buildings Department, Kalyandurg, Anantapur District .....RESPONDENT(S) 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of notice in Rc.No.45/2008 dated 18.11.2008 and to thereply thereon as illegal, arbitrary,and violative of Articles, 300A of the Constitution of India and violative of guidelines issued by the Hon`ble Court in WP.No.21787 of 2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4481 of 2009 Between: B. Subbarayudu S/o. B. Kristappa R/o. D.No.8/308, Kalyanadurg village and Town, Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary Panchayat raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat, Kalyanadurg, rep. by its Secretary, Anantapur District. 3 The Tahsildar, Kalyanadurg, Kalyanadurg, Anantapur District. 4 The Deputy Executive Engineer, Roads and Buildings Department, Kalyanadurg, Anantapur District. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of notice in Rc.No.45/2008 dated 18.11.2008 and to the reply thereon as illegal, arbitrary and violative of Article 300-A of the Constitution of India and violative of guidelines issued by the Hon'ble Court in W.P.No.21787/2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4498 of 2009 Between: G. Srinivasulu S/o. G. Venkata Ramanappa R/o. D.No. 8/36-1, Kalyanadurg, Anantapur Dist. ..... PETITIONER AND 1 The Govt. of A.P. Rep. by its Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat Rep. by its Secretary Kalyanadurg, Anantapur District. 3 The Tahsildar Kalyanadurg Kalyanadurg, Anantapur District. 4 The Deputy Executive Engineer Roads & Building Dept. Kalyanadurg, Anantapur District. .....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, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of notice in Rc.No.45/2008, dated 18-11-2008 and to the reply thereon as illegal, arbitrary and Violative of Article 300-A of the Constitution of India and Violative of guidelines issued by the Hon'ble Court in W.P.No.21787/2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4508 of 2009 Between: G. Kantha Lakshmamma W/o. Srinivasulu R/o. H.No. 9C/55, Kalyanadurg Village, Kalyandurg Town, Anantapur District. ..... PETITIONER AND 1 The Govt. of A.P. Rep. by its Secretary Panchayat Raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat Rep. by its Secretary Kalyanadurg, Anantapur District. 3 The Tahsildar Kalyanadurg Kalyanadurg, Anantapur District. 4 The Deputy Executive Engineer Roads and Buildings Department Kalyanadurg, Anantapur District. .....RESPONDENT(S) 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, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of notice in Rc.No.45/2008, dated 18-11-2008 and to the reply thereon as illegal, arbitrary and Violative of Article 300-A of the Constitution of India and Violative of guidelines issued by the Hon'ble Court in W.P.No.21787/2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines. WRIT PETITION NO : 4519 of 2009 Between: Y.Rajagopal S/o.Y.Ramannasetty R/o.D.No.9C/56, Kalyandurg Village and Mandal, Kalyanadurg Town, Anantapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh represented by its Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The Kalyanadurg Gram Panchayat, Kalyanadurg, represented by its Secretary, Anantapur District. 3 The Tahsildar, Kalyanadurg, Kalyanadurg, Anantapur District. 4 The Deputy Executive Engineer, Roads & Buildings Department, Kalyanadurg, Anantapur District. .....RESPONDENT(S) 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not conducting enquiry in pursuance of notice in Rc.No.45/2008, dated 18.11.2008 and to the reply thereon as illegal, arbitrary and violative of Article 300-A of the Constitution of India and violative of guidelines issued by the Hon'ble Court in W.P.No.21787 of 2001 and consequently direct the 2nd respondent to follow the guidelines particularly the guidelines and take up removing of encroachments only after passing appropriate orders as per the guidelines Counsel for the Petitioners:MR.K.SITA RAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : COMMON ORDER: In all these writ petitions, the petitioners are questioning the action of the 2nd respondent – The Kalyandurg Gram Panchayat in not conducting enquiry in pursuance of the reply submitted by them to the notice issued in Rc.No.45 of 2008 dated 18.11.2008 and also in violation of the guidelines issued by this Court in W.P.No.21787 of 2001 dated 18.10.2001. Hence they are disposed of by this common order. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj and the learned standing counsel for the 2nd respondent Gram Panchayat and at their request the writ petitions are taken up for final disposal at the admission stage itself. Rule nisi. Even though the learned standing counsel for the 2nd respondent Gram Panchayat has taken notice on 5.3.2009, so far no counter affidavit is filed. However, he submits that the Gram Panchayat is not having any record in regard to its lands and, therefore, it requested the revenue department to conduct a survey and after issuing necessary notices, a survey was conducted by the revenue officials and as per the said report, it was found that the petitioners have made constructions by encroaching into the government land and, therefore, now it cannot be said that the impugned notice issued to the petitioners was not in accordance with the guidelines issued by this Court in W.P.No.21787 of 2001. However, it is submitted by the learned counsel for the petitioners as well as the learned standing counsel that in similar circumstances, this Court in W.P.No.936 of 2009 dated 4.6.2009 has considered the issue and disposed of the writ petition directing that the impugned order shall be treated as a notice giving 60 days time to submit their explanation/objections as also any documents in proof of their title to the property. On such explanation/objections being filed by the petitioners, the respondent Gram Panchayat shall take into consideration the same and pass appropriate orders in accordance with law strictly adhering to the guidelines laid down by this Court in W.P.No.21787 of 2001 dated 18.10.2001. Till such time, respondents shall not take any coercive steps for removing the alleged encroachments. Accordingly, the writ petitions are disposed of in terms of the directions of this Court in W.P.No.936 of 2009 dated 4.6.2009. N.V.RAMANA,J DT.5.6.2009 msv