SUDDAPALLI BRAMENDRA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner for the following relief:

(2.) Sri J.Sravan Kumar, learned counsel for the petitioner argues that the petitioner is in settled possession and enjoyment of the land, which is his ancestral property. It is mentioned that the total extent of land is Ac.0-25 cents. The petitioner claims title to the same through registered Gift Deed bearing No.7627 of 2014. The petitioner claims to be in possession and enjoyment of the property and argues that when the revenue authorities tried to prevent the petitioner from entering the land both, he and his brother, filed O.S.No.256 of 2014 before the 1st Additional Junior Civil Judge Court, which is pending. Relying upon the contents of the Writ affidavit, learned counsel for the petitioner argues that the petitioner, who is in settled possession and enjoyment of the land cannot be thrown out of the property, more so for the purpose of construction of Gram Sachivalayam. Learned counsel relies upon the provisions of the Panchayat Raj Act to argue that the Gram Sabha did not pass any resolution for construction of a Gram Sachivalayam. Therefore, learned counsel for the petitioner on the basis of the documents, which are annexed to the Writ, argues that as the petitioner is in settled possession, he cannot be evicted nor can the Gram Secretariat be constructed over the ancestral property of his forefathers.

(3.) For the respondents the lead was taken by Sri Vinod K Reddy to argue the matter. Relying upon paragraphs 3 to 5 of the counter affidavit, learned counsel argues that the petitioner does not have possession and enjoyment of the property. The petitioner 's father 's enjoyment and title is also questioned. It is also mentioned that the tax receipts do not relate to the schedule property and that the Gift Deed that is filed is merely "created " between the two parties. There is no such property according to him. The Written Statement filed in O.S.No.256 of 2014 is also relied upon to deny the correctness of the Gift Deed. The property certificate is denied as false. The house tax and water tax bills do not establish title, possession and enjoyment as per him.