IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.12744 of 2009 Between: 1 Vangapudi Hymavathi W/o. Krishna R/o. 4/469B, Konammathota, Near Sundar Mahal, Kovur, SPS Nellore District. 2 Garikapati Mallikarjuna S/o. China Narasaiah R/o. 4/465 Konammathota, Near Sundar Mahal, Kovur, SPS Nellore District. 3 Petluri Masthanamma W/o. Penchalaiah Konammathota, Near Sundar Mahal, Kovur, SPS Nellore District. 4 Poosapati Dhanamma W/o. Subbaiah R/o. 4/469A, Konammathota, Near Sundar Mahal, Kovur, SPS Nellore District. ..... PETITIONER(S) AND 1 Andhra Pradesh Lokayukta at Hyderabad, rep. by its Registrar, O/o. Lokayukta, Basheerbagh, Hyderabad. 2 The Mandal Tahsildar, Kovur Mandal, SPS Nellore District. 3 K Koteswara Rao S/o. Not Known to the petitioners R/o. 13/483, Chinna Bazar, Nellore, SPS Nellore 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 may be pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Certiorari or any other proper way: i) calling for the records in Complaint No.691/1995/D1 and proceedings dated 27.03.2002 on the file of the 1st respondent and declare the said proceedings as illegal, arbitrary, unjust and without jurisdiction and in violation of Articles 14 and 21 of the Constitution of India and consequentially to set aside the same; ii) declaring the action of the 2nd respondent in invoking provisions of A.P. Land Encroachment Act under Section 7 and 6 pursuant to the above said proceedings in Complaint No.691/1995/D1 dated 27.03.2002 to summarily evict the petitioners as illegal, arbitrary, unjust and without jurisdiction and in violation of Articles 14 and 21 of the Constitution of India and principles of natural justice and consequently direct the 2nd respondent not to dispossess the petitioners from the houses and house sites in their occupation comprised in Sy.No.1134/2 situated at Konammathota, Near Sundar Mahal, Kovur, SPS Nellore District. Counsel for the Petitioner:MR.A.CHANDRAIH NAIDU Counsel for the Respondent : MR.M.V.S.SURESH KUMAR FOR RR1 GP FOR REVENUE FOR R The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.12744 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The case of the petitioners is that they are in occupation of 9 ankanams of site each comprised in Sy.No.1134/2 situated at Konammathota, near Sunder Mahal of Kovur for the past 35 years and pacca houses have been constructed and amenities such as water and electricity etc., have also been provided to them. While so, the 3rd respondent herein, K.Koteswara Rao filed complaint No.691/1995/B1 before the Lokayukta of Andhra Pradesh and the Lokayukta by order dated 27.3.2002 directed the Government authorities to proceed with providing alternative sites and evict the encroachers in accordance with law and submit compliance report to the Institution for the purpose of record. The case of the petitioners is that they are not parties to the said complaint and the Lokayukta have no authority or jurisdiction to give such a direction to evict the encroachers, as the Lokayukta has got power to entertain complaints against public servants, but cannot exercise jurisdiction on the said complaint. It is stated that though the Lokayukta passed orders as early as on 27.3.2002, no action has been taken so far. But, the Tahsildar, Kovur Mandal, issued notices on 23.5.2009 under Section 7 of the A.P.Land Encroachment Act 1905 (Act 3 of 1905) (for short, ‘the Act’) alleging that each of the petitioners has encroached an extent of 3 ankanams of Government poramboke land and constructed houses. It is stated that the petitioners have submitted their explanation to the said notices. It is stated that without considering the said explanations the 2nd respondent passed orders under Section 6 of the Act directing the petitioners to vacate from the above said premises, failing which they will be removed from the said encroachments. Admittedly, as against the said orders passed by the 2nd respondent, an appeal lies to the Revenue Divisional Officer. Learned Government Pleader appearing for the 2nd respondent submits that notices issued under Sections 7 and 6 of the Act are independent and without any reference to the aforesaid order of the Lokayukta and, therefore, it cannot be said that the action taken by the revenue authorities are at the instance of the Lokayukta, but they have initiated the action pursuant to the orders of this Court. A perusal of the notices issued under Section 7 goes to show that there is no reference about the orders passed by the Lokayukta and therefore it cannot be said that the 2nd respondent has initiated action mainly based on the orders of the Lokayukta. However, the Lokayukta only stated that it is for the Government to proceed with providing alternative sites and evict the encroachers in accordance with law. It is the case of the petitioners that the 2nd respondent has not followed the procedure prescribed under the Act. But, however, the learned counsel for the petitioners submits that in view of the long standing occupation, the provisions of the Act may not apply and if they want to evict the petitioners they have to file a regular civil suit. On the other hand, the learned Government Pleader appearing for the 2nd respondent submits that admittedly the petitioners are encroachers and there is no dispute with regard to the title. But, the learned counsel for the petitioners submits that though the land belongs to the Government, the petitioners have acquired title by adverse possession. We are not inclined to express any opinion on the merits of the case with regard to the aforesaid contentions. As the petitioners have got an effective alternative remedy by way of filing an appeal against the orders of the 2nd respondent, the writ petition is disposed of permitting the petitioners to file an appeal before the appellate authority against the order dated 23-05-2009 passed by the Tahsildar, Kovur Mandal, S.P.S. Nellore District under Section 7 of the A.P.Land Encroachment Act, within three weeks from today. Till then, status-quo obtaining as on today shall be maintained for a period of three weeks. There shall be no order as to costs. _________________ V.ESWARAIAH, J. ______________________ P.SWAROOP REDDY, J. Date: 26-06-2009 Prv