PEDDI CHANDRA MOULAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) W.P.No.20666 of 2022 is filed seeking a writ of mandamus declaring the action of the respondents No.2 and 3 in trying to dispossess the petitioners from their patta land to an extent of Ac.0-24 gts., in Survey No.383/A, situated at Achampet Village and Mandal, Nagarkurnool District without following due process of law as illegal, arbitrary and unconstitutional and consequently to pass such other order or orders in the interest of justice.

(2.) Brief facts as claimed by the writ petitioners leading to the filing of these two writ petitions are that one Sri.Suryanarayana, the husband of Petitioner No.1 and father of Petitioners No.2 to 5 succeeded to an extent of Ac.0-38 gts., of agricultural land in his family settlement in the year 1978 and the said land was in his absolute possession and enjoyment till the date of his death in the year 2003. Thereafter, the Petitioner No.1 being the wife and the Petitioners No.2 to 5 being the children succeeded to his property and continued to be in possession and enjoyment of the same. It is stated that pursuant to the orders of High Court in W.P.No.23271/1995, dtd. 17/10/1995, the Mandal Revenue Officer, Achampet, had issued the proceedings vide No.A/4992/95, dtd. 28/11/1995 granting succession in favour of the Petitioners No.2 to 5's father P.Suryanarayana, to an extent of Ac.0-38 gts., in Survey No.383/A, situated in the limits of Achampet Village and accordingly, the name of P.Suryanarayana was recorded in the revenue records. It is alleged that an organization by name Andhra Pradesh Hindi Prachar Sabha, had grabbed the land of the petitioners to an extent of Ac.0-14 gts., out of Ac.0-38 gts., and constructed a building thereon on the ground that the petitioners father has gifted the same to it. However, the donor alleged that the alleged gift deed was fabricated and forged and resultantly, a civil dispute with respect to the same is pending in the form of Second Appeal i.e., S.A.No.156 of 2016 on the file of this Court. In respect of the balance 24 guntas of land, the respondent No.3 without having any right or title, was trying to dispossess the petitioners and tried to make construction of mulgies/shops thereon to lease out the same to third parties. The stand of respondent No.3 was that the respondents No.2 permitted the respondent No.3 to take possession of the said land to make construction thereon. Challenging the same, the petitioners have filed the Writ Petition No.20666 of 2022.

(3.) Vide Interim Orders dtd. 26/4/2022 in W.P.No.20666 of 2022, this Court had directed the respondents not to dispossess the petitioners from the land admeasuring 24 guntas in Survey No.383/A, situated at Achampet Village and Mandal of Nagarkurnool District, during the pendency of the writ petition. However, the respondents proceeded to make arrangements/preparations for construction of the shops and though initially it was stopped pursuant to the interim order dtd. 26/4/2022 and the respondents have again recommenced the work of excavation in the disputed site. Alleging willful and deliberate disobedience of the directions of this Court, the petitioners have filed the Contempt Case i.e., C.C.No.1758 of 2023. This Court, being prima-facie satisfied that there was violation of the orders of this Court, issued Form-I to respondent No.3. Consequently, the respondent No.3 has appeared in person before the Court and sought time to file a sketch of the land in dispute along with measurements showing the existing building and also the subject land in which construction work was undertaken and that the said sketch would also specify the measurement of land to an extent of Ac.0-13 guntas in Survey No.383/A, situated at Achampet Village, which was allegedly donated by the forefathers of the petitioners to A.P.Hindi Prachar Sabha. On 6/10/2023, the respondent No.3 appeared before the Court and filed the above mentioned sketch map and submitted that the structures belonging to respondent No.3 are covering an extent of Ac.23.38 gts., as against the donated extent of Ac.0-13 guntas and that the proposed construction of shutters is also undertaken in the land over and above Ac.0-13 gts., and that the respondent No.3 has no objection for handing over of land to an extent of Ac.0-24 gts., being claimed by the petitioners, as an open area of land to an extent of Acs.27.62 gts., is available. The respondent No.3, was therefore directed to file an affidavit explaining the same. Thereafter, observing that there is a stay vacate petition filed by the respondents, the Contempt Case was directed to be listed along with stay vacate petition. On 15/4/2024, this Court had directed the District Survey Officer, Nagarkurnool, to conduct re-survey in the presence of both the parties by issuing a work memo with regard to the Survey Nos.383/A and 383/AA and to submit the survey report before the Court. Vide Memo dtd. 19/2/2024, the report of the District Survey Officer, Nagarkurnool, along with Panchanama and the work memo on behalf of the petitioners dtd. 17/2/2024 were filed before this Court. In the meantime, the respondents proceeded to make construction in the petitioners land in spite of interim directions of this Court in W.P.No.20666 of 2022 and the petitioners filed W.P.No.22109 of 2023 to restrain the respondents from making further illegal constructions in the subject land. Vide orders dtd. 16/8/2023, this Court, after recording the submissions of both the parties, has permitted the petitioners to file representation to the respondent No.3 ventilating their grievance and it was directed that on receipt of such representation, the respondent No.3 shall conduct enquiry by taking assistance of the survey officials and decide location of land of respondent No.2 and the land of the petitioners. It was made clear that any constructions made by respondent No.2 shall be subject to outcome of such enquiry and further orders of this Court. Thus, both the Writ Petitions as well as Contempt Case have been clubbed together, were heard and are disposed of by this common and consolidated order.