BATTULA MALAKONDAIAH Vs. ANGIREKULAPADU GRAM PANCHAYAT

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to set-aside proceedings Rc.No.PS/04/2012, dated 17-1-2013 of respondent No.1 whereby it has rejected the petitioner's representation not to evict him from the land in his occupation in Sy.No.111 of Anneboyinapalle village.

(2.) The petitioner pleaded that his family is in possession of an extent of Ac.0-10 cents in the above mentioned survey number belonging to respondent No.1. That the petitioner is using the said site for placing hayricks, firewood, dung heaps, tethering cattle etc., and that he has perfected his rights by adverse possession. The petitioner further pleaded that in recognition of his enjoyment and also the enjoyment of the adjacent lands by other villagers, respondent No.4 has issued proceedings as far back as 3-9-1980 to the effect that as the land admeasuring Ac.3-54 cents in Sy.No.111 is being used by several villagers for storing hay, cow dung etc., the same is treated as being useful for communal purposes and accordingly the land was transferred to the Gram Panchayat for public purpose. When there was a threat of dispossession by respondent No.1, the petitioner has filed W.P.No.12428/2012 which was disposed of by order dated 7-12-2012 with the direction to respondent No.1 to give a notice and an opportunity of being heard before taking appropriate action for eviction of the petitioner. As the said order was not followed, the petitioner filed W.P.No.628/2013. This Court has disposed of the said Writ Petition by directing respondent No.1 not to evict the petitioner unless he is given an opportunity of being heard and eviction order is passed. Accordingly, the petitioner was given an opportunity of filing his explanation.

(3.) In his detailed explanation, the petitioner has claimed that he is in long standing possession of the subject property and that there is alternative vacant land belonging to the Gram Panchayat which can be used for construction of the school building. The petitioner also pleaded that he has perfected his title by adverse possession. By the impugned order, respondent No.1 has rejected the petitioner's objections and directed him to handover vacant possession of the property within 24 hours failing which he will take possession of the property. Feeling aggrieved by this order, the petitioner filed this Writ Petition.