P V R VARMA Vs. STATE OF AP

JUDGEMENT

(1.) This is a writ of Mandamus filed by the petitioners declaring the action of the respondents 4 and 5 in making attempts to construct Grama Sacivalayam in petitioners' land to an extent of Ac 0.40 cents in Sy No.354 of Kumili Village, Poosapatirega Mandal, Vizianagaram District, pending the appeal and stay petition dated 29.06.2020 before the 2nd respondent, as illegal and arbitrary.

(2.) Brief facts of the case are that originally the petitioner's grandfather Poosapati Adinarayana Raju has been in possession and enjoyment of Gramakantham land to an extent of Ac 0.40 cents in Sy No.354 of Kumili Village. He used to run rice mill with diesel oil machine in those days. Subsequently, about 20 years back, he died, leaving behind his sons, namely, (1) Varaha Narasimha Raju, (2) Ramakrishna Raju, (3) Satyanarayaa Gajapathi Raju and (4) Ramachandra Raju, and later all of them have died. 1st petitioner is the son of Varaha Narasimha Raju, 2nd petitioner is the son of Ramakrishna Raju, 3rd petitioner is the son of Venkata Satyanaraya Gajapathi Raju and 4th petitioner is the son of Ramachandra Raju. They are all living at Visakhapatnam and Srikakulam respectively due to their avocation and employment. The rice mill was in dilapidated condition. The petitioners have levelled the site for construction of houses. In the month of May 2020, taking advantage of the absence of petitioners, the political party leaders tried to interfere with the petitioners' possession and enjoyment by making constructions therein. The petitioners having come to know about it made representations to the 4th and 5th respondents requesting them not to dispossess the petitioners. The acknowledgements of the notices sent to the respondents dated 25.05.2020 are filed. The publication about the incident made in "Andhra Jyothi" Newspaper dated 23.05.2020 are also filed. The 4th and 5th respondents having received the notices come to the land of the petitioners and demolished the compound wall highhandedly and levelled the land and dug foundations.

(3.) It is also the case of the petitioners that as per Section 58 of A.P. Gram Panchayat Act, the Gramakantham land vests with Gram Panchayat and the revenue authorities have no authority over the said land. It is also the case of the petitioners that the respondents have got Grama Sachivalayam in the village and it is functioning and there was no need for the respondents to construct a new building for Grama Sachivalayam. Aggrieved by the action of the respondents, the petitioners have preferred W.P.No.9354 of 2020 before this Court and the same was disposed of directing the respondents to pass appropriate orders on the representation of the petitioners and till such time ordered to maintain status quo in respect of the subject land vide order dated 29.5.2020. The 4th respondent having received Court order on 01.06.2020 has passed an order immediately on 02.06.2020 rejecting the petitioners' representations stating that no documentary evidence was filed.