SRILAXMINARAYANA STONE CRUSHERS Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition for a mandamus is filed the declare the proceedings, dtd. 14/2/2023 of respondent No.4 in ordering for disconnecting the power supply to the unit of the petitioner, as illegal and consequently sought direction to respondent No.6 to restore the power supply to the unit of the petitioner. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Industries and Commerce appearing for respondent No.1, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 4 and Sri V. R. Reddy Kovvuri, learned Standing Counsel for APSPDCL appearing for respondent Nos.5 and 6. As per the case pleaded by the petitioner, the land in question in an extent of Ac.3.36 cents covered by Sy.Nos.64/1A, B & C and in an extent of Ac.4.00 cents covered by Sy.No.283/1,2 and 3, in total an extent of 7 acres, in Ramapuram Village of Nagari Mandal, Chittoor District, was assigned to the petitioner and his family members for agriculture purpose in the year 2002 and subsequently the State has resumed the said land after cancelling the assignment on the ground that the assignees did not bring the said land into cultivation. It is stated that thereafter the petitioners have submitted an application to sell the land to the petitioners as per the market value and recommendations are also made by the concerned authority in favour of the petitioners to that effect and final proposals for sale of the land is still pending with the Government.

(2.) While so, it is stated that the 4th respondent - Tahsildar of Nagari Mandal has addressed a letter to respondent No.6 stating that the petitioner is in unauthorized occupation of the land and to disconnect the power supply connection to the stone crushing unit of the petitioner which is located in the said land. It is stated that on the basis of the said letter that the respondents Nos.5 and 6 have disconnected the power supply connection to the unit of the petitioner. Therefore, being aggrieved by the said disconnection of power supply to the unit of the petitioner, the petitioner is before this Court by way of filing this Writ Petition seeking the aforesaid reliefs. The fact that the aforesaid land was assigned to the petitioner and family members in the year 2002 and that thereafter, the said assignment was cancelled and land was resumed by the State in the year 2008 is not in controversy. However, even after resuming the said land after cancellation of the assignment, the petitioner is continuing to be in possession of the said land and running stone crusher unit in it. Request made by the petitioner to sell the said land at market value is pending with the Government. So, these facts establish that the petitioner has been admittedly in possession and enjoyment of the land in question and running a stone crushing unit in it. Even though the assignment was cancelled and land was resumed, as per settled law, if the petitioner continues to be in possession of the land, he is to be treated as an encroacher and the State has to recover possession of the said land from the petitioner by following due process of law. Till now, no such steps are taken for recovery of possession of the land from the petitioner. Further, the request of the petitioner for sale of the said land is still pending consideration with the Government. Therefore, in the said facts and circumstances of the case, till the possession of the said land is recovered from the petitioner by following due process of law, even though he is in unauthorized occupation of the property, respondent Nos.5 and 6 cannot resort to any act of disconnecting the power supply connection to the unit of the petitioner. Learned Assistant Government Pleader for Revenue as well as learned Standing Counsel for respondent Nos.5 and 6 would submit that they would follow due process of law in this regard.

(3.) Therefore, recording the aforesaid submissions of learned Assistant Government Pleader for Revenue and also learned Standing Counsel for respondent Nos.5 and 6, the Writ Petition is disposed of with a direction to respondent Nos.5 and 6 to immediately restore the power supply connection to the unit of the petitioner within three days from the date of this order. The State has to take a decision on the request made by the petitioner for sale of the land and ultimately if the request is rejected, they have to follow due process of law, as directed supra. No costs.