KOTHAKONDA NARSAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, who are 21 in number, are residents of small town, Dharmapuri, in Karimnagar District. More than forty years ago, since 1968, they or their predecessors occupied land admeasuring 110 to 130 square yards (total Acs.0.15 guntas) in survey No.153 of the said village. They raised telas, semi permanent constructions, and commenced small business, viz., tailor shop, bangle shop, sweet shop, photo studio, metal shop, watch repair shop, general stores, vegetable shop, tea stall, small hotel etc. All of them applied to the District Collector on 6/8/2008 seeking regularization (transfer of right) in accordance with G.O.Ms.No.166, Revenue (Assn-POT) Department, dated 16/2/2008 (hereafter called, G.O.Ms.No.166). They also allege that they followed it up by sending seven reminders, in vain. Therefore, they filed instant writ petition.

(2.) The case of petitioners in support of the writ petition filed to enforce the right for regularization, in brief, is as follows. By proceedings, dated 15/11/1969, the District Collector permitted Dharmapuri Gram Panchayat (fifth respondent herein) to lease out small extents of lands in survey No.153 to petitioners for erection of shops. Accordingly, lease was granted. Temporary sheds were raised, electricity connection and water supply connection were obtained. In July, 1987, there was a move to shift the petitioners to a place near bus stand. The District Collector vide the following Memo in Roc.No.A2/154/87 Qts, dated 30/7/1987, directed the Gram Panchayat to take necessary action for shifting the petitioners business sheds to the place surrounding the bus stand.

(3.) The petitioners filed W.P.No.11950 of 1987. While directing to maintain status quo, this Court disposed of the writ petition on 19.08.1987 giving liberty to the petitioners to file a revision petition before the Government, which was to be disposed of within a month. The petitioners accordingly filed a revision petition before the Government. By G.O.Ms.No.709, Panchayat Raj and Rural Development, dated 20.06.1992, Government directed the Collector to issue necessary appropriate orders to the Gram Panchayat with respect to the decision of the Government. The decision was that petitioners should move their sheds backwards to a distance of three feet (3) from the road side. In 1999, the petitioners complied with the Government Order about which there is no dispute.