T. Venkata Ramana v. The Commissioner, Kadapa Municipality, Kadapa

The petitioner is a resident of Kadapa District. He seeks a writ of mandamus declaring the action of the respondent in taking steps to demolish the petitioner’s house bearing Door No.4-507/1, Haveli, Nagarajupet, Kadapa District, without due process of law, violative of Articles 14, 19, 21 and 300-A of the Constitution of India. This Court, while admitting the writ petition, by order dated 26-7-2002 made in W.P.M.P.No.17055 of 2002 passed interim orders directing the respondent not to demolish the petitioner’s house. The respondent has now moved this Court for vacating the interim order. Though interlocutory applications are listed, the writ petition was heard finally and being disposed of by this order. It is the case of the respondent that the respondent did not assign Door No.4-507/1 to the petitioner nor granted any permission to the petitioner to construct on the Government land. It is asserted that the petitioner encroached the Government land admeasuring Acs.0-15 in Survey No.6/(B) part and Acs.0-06 in Survey No.7/part by the side of the road leading to Ravindranagar Old Bus Stand and erected a neat roofed shed.

The land is meant for traffic island at the junction of the road leading to Ravindranagar and the petitioner tried to encroach the Government land on 20-7- 2002. It is also alleged that the petitioner is an anti-social element trying to grab the Government land. There is a dispute as to the ownership of the land allegedly in possession of the petitioner. If the land occupied by the petitioner forms part of the road or traffic island, nothing prevents the respondent Municipality to evict the petitioner after issuing notice under Section 192 of the Andhra Pradesh Municipalities Act, 1965. The counter is silent as to whether any such action is initiated. If there is a dispute with regard to title, liberty is given to the petitioner to approach the Civil Court for declaration of the title. In this writ petition, the title of the petitioner cannot be decided and in the absence of any valid document in proof of title, it is presumed that the land is a Government land under the provisions of Section 2 of the Andhra Pradesh Land Encroachment Act, 1905. The writ petition, with the above observations, is dismissed. The interim order is vacated. No costs. _______________ (V.V.S. RAO, J.) 13-10-2004. Msr. // TRUE COPY // ASSISTANT REGISTRAR SECTION OFFICER To

The Commissioner, Kadapa Municipality, Kadapa.

2.2CD copies HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.13698 of 2002 13-10-2004. (Msr)