IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No. 2218 of 2004 Between: P.Ashok, S/o.Sri Sandaiah R/o.Nadergul Village, Saroornagar(M) Ranga Reddy District ..... PETITIONER AND 1 The Mandal Revenue Officer, Saroornagar Mandal R.R.District. 2 The Village Secretary, Nadargul Village and Gram Panchayat Saroornagar Mandal, Ranga Reddy District, at Nadargul. .....RESPONDENTS 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 writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in attempting to demolish the portion of the structures raised on the site admeasuring 1354 Sq.Yds., in Sy.No.308 of Nadergul Village, Saroornagar Mandal, R.R.District, without putting the petitioner on notice as being discriminatory, arbitrary, void, illegal, violative of the right to life apart from being violative of the provisions of A.P.Gram Panchayat Act and consequently direct the respondents herein not to interfere with the construction work of the petitioner, and to grant such other relief or reliefs. Counsel for the Petitioner: MR.S.TULASI DAS Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in demolishing part of the structures raised on the site admeasuring 1354 sq. yards in Sy.No.308 of Nadergul village, Saroornagar Mandal, Ranga Reddy District, without putting the petitioner on notice, as arbitrary, illegal and contrary to the provisions of A.P.Gram Panchayat Act and consequently to direct the respondents not to interfere with the construction works of the petitioner over the subject land. According to the petitioner, he is the absolute owner and possessor of the land to an extent of 1354 sq. yards in Sy.No.308 of Nadergul village, Saroornagar Mandal, Ranga Reddy District, having obtained the same by virtue of a registered gift deed executed in his favour by his father. He obtained permission from the Gram Panchayat on 26.04.2000 for construction of a pucca house on the subject land, but however due to financial difficulties, he could not commence construction immediately. Thereafter, he submitted another application on 29.11.2002 to the 2nd respondent-Village Secretary, Nadargul village seeking renewal of the building layout plan, but there was no reply from the 2nd respondent and the petitioner, having waited for a considerable period of time, started construction work in the last week of June, 2003. The grievance of the petitioner is that all of a sudden, the respondents came to the site on 29.01.2004 and demolished part of the structures raised by him over the subject land, but however, he could resist the respondents with the help of local people and thereafter filed the present writ petition. This Court, on 06.02.2004, directed the respondents not to demolish the structures raised on the subject land pending further orders, and thereafter, by order dated 03.12.2004 in W.P.M.P.No.2923 of 2004, the said interim order was directed to be continued until further orders. The 2nd respondent filed a detailed counter affidavit asserting that the neighbouring land owners of the subject land made representations stating that one Karre Sitaiah, Chitram Sitaiah and Puttagalla Rukkaiah, who were holding joint patta of Ac.6.15 gts. in Sy.No.308 including the subject land, sold the same to the Government about 25 years back and, thereupon, the Government constructed pucca houses therein and allotted the same to the weaker sections, but however, the Government left over the subject land as vacant land for common purpose. It is also stated by the neighbouring land owners that the father of the petitioner claimed the subject land through fake documents and illegally executed gift deed of the subject land in favour of the petitioner, and when the petitioner was proceeding with illegal constructions over the subject land by encroaching into their lands, they stopped the same and filed a suit being O.S.No.278 of 2003 before the Principal Junior Civil Judge’s Court, East and North Ranga Reddy District and the same is pending and, as such, requested the 2nd respondent not to accord permission to the petitioner to construct the house over the subject land. From the averments made in the counter affidavit, it is clear that there was a civil dispute as to the title of the subject land, but nonetheless the petitioner in the guise of the permission granted on 26.04.2000, constructed a house over the subject land. Be that as it may, the title and other aspects of the subject land have to be worked out by the petitioner before the competent civil Court by filing appropriate suit or other proceedings. However, since the petitioner has already constructed a house over the subject land, the respondents are directed not to demolish such constructions raised by the petitioner and not to dispossess the petitioner from the subject land unless and until they take appropriate steps as required under the law. With the above directions, the writ petition is disposed of. No order as to costs. _____________ C.V.RAMULU,J 18.06.2009 v v