IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 3492 of 2006 Between: T. Chandrashekar, S/o. T.Kashinatham, R/o. MIG-II, 108 APHB Colony, Kanteshwer, Nizamabad. ..... PETITIONER AND 1 The Collector, Nizamabad, Nizamabad Dist. 2 The Revenue Divisional Officer, Nizamabad Division, Nizamabad. 3 The Mandal Revenue Officer, Nizamabad Mandal, Nizamabad. 4 The Sub-Inspector Of Police, Nizamabad Rural Police Station, Nizamabad. .....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 To issue an order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in issuing a letter No.18/C1/2006 dated 20-2-2006 through which stopping the construction of the petitioner residential house work in an extent of 200 square yards in plot No.106 situated at Mubaraknagar Village Nizamabad Mandal and Dist as arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14,19,21 and 300 A of the Constitution of India consequently direct the respondent authorities not to interfere and not to stop the construction of the houe of the petitioner which is being done in an extent of 200 square yards in plot No.5, Sy.No.106 situated at Mabaraknagar Village, Nizamabad Mandal and Dist and to pass such other order or orders. Counsel for the Petitioner:MR.C.HARI PREETH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 3492 of 2006 Oral order: The petitioner is an ex-service man. The petitioner along with 17 other similarly placed persons, was granted house site patta in respect of an extent of 200 square yards of land (Plot No. 5) in Sy. No. 106 of Mubaraknagar, Nizamabad, vide proceedings dated 01.10.2003 of the 3rd respondent, namely the Mandal Revenue Officer, Nizamabad. Thereafter, he obtained house loan and also necessary permission from the Gram Panchayat, for construction of house. It is his case that when he was constructing the house, the 4th respondent, namely the Sub Inspector of Police, Nizamabad Rural Police Station, has issued notice dated 20.02.2006, calling upon the petitioner to stop the construction. The petitioner states that he made representation dated 21.02.2006 to respondent Nos. 1 to 3, but no action thereon had been taken. Hence, he filed the present writ petition questioning the notice dated 20.02.2006, issued by the 4th respondent, namely the Sub Inspector of Police, Nizamabad Rural Police Station, calling upon him to stop construction in the plot allotted to him. On behalf of respondent Nos. 1 to 3, the 1st respondent, namely the District Collector, Nizamabad filed counter admitting that the 3rd respondent vide proceedings dated 01.10.2003 had allotted plot No. 5, admeasuring 200 square yards in Sy. No. 106 Shikam of Mubaraknagar village. He, however stated that they had later noticed that allotment of plots in favour of the petitioner and 17 other similarly placed persons was in contravention of the orders issued by the Government in Memo No. 24140/Assn (1) 03-3, dated 22.08.2003, whereunder the Government have observed that the tanks, kuntas, ponds, lakes, supply channels etc., which vest in the Government, are intended for providing irrigation facilities and drinking water to the people at large to maintain and augment ground water potentialities and to maintain ecological balance. Hence, the Government had issued instructions to identify and remove the encroachments made on water bodies. He further stated that prior to the allotment of plots to the petitioner and 17 other similarly placed persons, an extent of Ac.9.00 in Sy. No. 106 Shikam of Mubaraknagar village was proposed for alienation in favour of employees of Police Department for construction of staff quarter, and though proposals for alienation of the same in favour of Policemen Co-op Housing Society, were submitted to the Government through the Chief Commissioner of Land Administration, the same were rejected by the Government vide orders passed in Memo No. 36382/Assn.II(1)/05-1, dated 23.11.2005, on the ground that there is a ban on conversion of shikam land/tank bed lands into Ain. In view of the above, the 1st respondent, had taken a serious view of the irregular assignment/regularization of plots to the petitioner and 17 other similarly placed persons, and while directing initiation of disciplinary action against the erring officials, also directed cancellation of the patta certificates issued to the petitioner and 17 other similarly placed persons. In pursuance of such directions, show cause notices dated 17.03.2006, which was served on the petitioner on 29.03.2006, were issued to all the allottees to show cause as to why the plots allotted to them should not be cancelled. The petitioner submitted his explanation thereto on 06.04.2006, but no action thereon had been taken. Having heard the learned counsel for the petitioner, the learned Government Pleader for Revenue for respondent Nos. 1 to 3 and the learned Government Pleader for Home for respondent No.4, the only question that arises for consideration is whether even before the allotment of house site patta granted in favour of the petitioner is cancelled by the competent authority, respondent No.4, namely the Sub Inspector of Police, Nizamabad Police Station, is entitled to issue the impugned notice dated 06.04.2006 directing the petitioner to stop constructions in the plot allotted to him. On the ground that house site pattas were granted to the petitioner and similarly placed persons irregularly on tank bed land, it appears that respondent No.1-District Collector directed issuance of notices to the said persons calling upon them to show cause as to why the allotments made in their favour should not be cancelled. Accordingly, the petitioner and others were issued show cause notice dated 17.03.2006. The petitioner, as is evident from the counter, submitted his explanation on 06.04.2006. Though the petitioner submitted his explanation to the show cause notice, the fact remains, the learned Assistant Government Pleader for Revenue on instructions from the official respondents submitted that no action thereon had been taken and that house site patta granted to the petitioner has also not been cancelled. As long as the pattas granted to the individuals are not cancelled, the respondents have no right whatsoever to interfere with the possession of the said individuals, much less the constructions being made by the petitioner, and as such, the impugned letter dated 21.02.2006 issued by the 4th respondent-S.I. of Police, directing the petitioner to stop the constructions in the land in question, is not only illegal but without jurisdiction, as such is liable to be set aside. At this stage, the learned counsel for the petitioner submitted that the Executive Engineer, I.B. Division, Nizamabad, has addressed letter dated 02.05.2006 to the 3rd respondent-Tahsildar recommending for conversion of the tank land situated in Sy. No. 106 of Mubaraknagar village into house site plots, which reads as follows: Sikendar Kunta, Mubaraknagar (v), Nizamabad (M) – The said kunta lies in Sy. No. (106) admeasuring 14 acres. The said kunta is not visible it is totally leveled. There is no ayacut under this kunta. The surroundings of this kunta have been converted into house site plots and construction is going on, on those house site plots. It is recommended that the said kunta may be considered for conversion of house sites. In view of the aforesaid recommendations made by the Executive Engineer to the Revenue Divisional Officer, the learned counsel for the petitioner submits that there is no need for the respondents to cancel the house site patta granted to the petitioner. Whether there is any need or not to cancel the house site patta granted to the petitioner on the basis of the said recommendations, is a matter to be considered by the authority before whom the matter is pending, and not by this Court. In the result, the writ petition is allowed, and the impugned letter issued by the 4th respondent-S.I. of Police is set aside. This order, however, does not preclude the respondents from considering the explanation submitted by the petitioner to the show cause notice and passing appropriate order. The petitioner is at liberty to place the letter dated 02.05.2006 addressed by the Executive Engineer, I.B. Division, Nizamabad to Revenue Divisional Officer, Nizamabad, and if the same is placed before the authority concerned, before whom the matter is pending consideration, he shall consider the same and pass appropriate orders. No costs. _______________ N.V. RAMANA, J. Dated: 4th April, 2008. KSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}