B SHIRAMANI Vs. EXECUTIVE OFFICER GRAMPANCHAYAT MEDCHAL

JUDGEMENT

(1.) Since common question of law and; issue that arises for consideration in all the writ petitions, it is expedient to dispose of all of them by this common order.

(2.) The petitioners claim to be the owners of properties abutting on either side of the Station road, Medchal, Ranga Reddy District which leads to National Highway No. 5. They assail the orders issued by the Executive Officer of the Medchal Grampanchayat dt. 8-11-2003 ordering removal of encroachment forthwith, failing to do so, necessary action will be initiated for removal of such encroachment to see that road is maintained with a width of 60 feet as was originally earmarked.

(3.) Brief facts, which are necessary for the disposal of these writ petitions, are as follows : When there was a proposal for removing encroachment, all the petitioners earlier approached this Court by filing WP Nos. 18078/2003 and batch, which were disposed of by this Court by its order dt. 28-8-2003 directing the respondents not to dispossess the petitioners from their properties without having recourse to the procedure prescribed under the Land Acquisition Act or without the consent of the petitioners. In case, the respondents treat the petitioners as encroachers, they shall be entitle to proceed against them, duly following the procedure prescribed under A. P. Panchayat Raj Act or A. P. Land Encroachment Act. On disposal of the said writ petitions, notices dt. 24-10-2003 under Section 98 (1) and (2) of A. P. Panchayat Act, 1994 (for short "the Act") were served on the petitioners informing that due to the said encroachment much inconvenience has been caused to the general public, thereby petitioners violated Sections 96,97, 100 and 101 of the Act. The petitioners were further called upon to show cause why. encroachment should not be removed as earmarked by R.& B. Department assuring them reasonably compensated towards damages suffered by them for removal of the encroachment by substituting an house site patta certiflcate equal to the basic register value. In the said notice, it was further informed to the petitioners that nearly about 135 premises have been removed duly compensating the occupiers of the premises through proce'edings of the Mandal Revenue Officer in file No. B/3221/2003 i.e., by issuing house site certificates in S. No. 805 situate at Medchal. Questioning the said notice dt. 24-10-2003, the petitioners filed WP No. 22979/2003 and batch, which were disposed of by this Court at the stage of admission on 31-10-2003 observing as follows :