BHEL MIG EMPLOYEES Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed to declare the action of respondent No.2 in issuance of show cause notice dtd. 20/8/2021 and all consequential proceedings including orders dtd. 13/5/2022 in Case No.001/ 2021/MIG-I on the file of respondent No.2 under Ss. 4 and 5 (1) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (for short, 'the Act, 1971') , as illegal and consequentially to set aside the said show cause notice dtd. 20/8/2021 and all the above consequential proceedings.

(2.) Heard Sri V.Murali Manohar, learned counsel representing Sri S.Nagesh Reddy, learned counsel for the petitioner and Sri Ch.Samson Babu, learned counsel for respondent Nos.2 and 3. Perused the record.

(3.) The petitioner is a society registered under the Societies Act, 1964. It was formed to establish a township for the employees of the Ramachandrapuram unit/3rd respondent herein. On the request made by the petitioner, vide G.O.Ms.No.278, Industries and Commerce (INF) Department, dtd. 19/6/1985, the erstwhile Government of Andhra Pradesh, accorded permission to 3rd respondent to surrender 235 acres of land for the purpose of construction of houses to the employees under the Cooperative Housing Scheme. Pursuant to the said permission, 3rd respondent had executed two registered conveyance deeds bearing document Nos.6710/1988 for land admeasuring Ac.30.01guntas, Document No.8957/1988 for the land admeasuring Ac.170.22guntas both dtd. 7/12/1988, 3rd respondent conveyed the use of total land admeasuring Ac.200.23guntas to the petitioner society. The said land is situated in Sy.No.26/P of Seri- Nallagandla village, Sy.Nos.180/P, 181/P, 182/P, 183/P of Hanmole Village, Sy.No.322/P of Tellapur Village, Sy.Nos.401/P, 402/P, 403, 404, 405, 406, 407, 408, 409/P, 410/P, 411/P, 412/P, 413, 414, 415, 416/P, 417/P, 418/P, 432/P, 433, 435/P, 436, 437 and 441/P of Nallagandla Village.