Koppala Ankaiah, v. The State Of A.P.,
HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.22856 of 2017 ORDER:
Heard Sri K. Sridhar Reddy for petitioners and the learned Assistant Government Pleader (Revenue) for respondents 1 to 4.
2. The subject matter of the writ petition is an extent of Ac.40.00 cents in Sy.Nos.178 to 183 and 404 of Kondlapudi Village, Nellore Rural Mandal, SPSR Nellore District.
3. The petitioners pray for mandamus declaring the highhanded action of respondents 3 to 5 in interfering with possession and enjoyment of the petitioners by planting survey stones here and there along with boundary of subject matter of the writ petition and trying to evict the petitioners, as illegal, arbitrary and unconstitutional. The petitioners pray for a direction restraining the respondents from dispossessing the petitioners from the subject matter of the writ petition.
4. The case of the petitioners is that the petitioners are all residents of Kondlapudi village, Nellore Rural Mandal of SPSR Nellore District. The petitioners are all landless poor persons. The subject matter of the writ petition is ceiling, surplus land in the declaration filed in CC No.2493/ NLR/ 75 and CC No.2518/ NLR/ 76. The petitioners admittedly are not the assignees of the subject matter of the writ petition and claim to have taken possession of the subject matter and are enjoying the same as on date. The petitioners in support of a few ancillary steps taken for getting water to the subject matter rely upon sanction of Rs.45,000/ - from MPLADS to draw water from Lift Irrigation Scheme from Nellore tank. The petitioners allege that the funds
provided under MPLADS source of irrigation are also provided and they are actually enjoying the subject matter i.e., Ac.40.00 cents. Now the grievance of the petitioners is that the respondents, without recourse to law, are trying to interfere with possession and enjoyment of the subject matter of the writ petition. Hence, the writ petition.
5. On 11.07.2017, the writ petition was adjourned to today to enable the respondents to place instructions, if any, in this behalf. Before adverting to the instructions dated 11.07.2017, this court finds it convenient to refer to the omissions in the case pleaded and proved by the petitioners. The petitioners claim to be in possession of Ac.40.00 cents i.e., subject matter of the writ petition. In respect of the same land, when the 4th respondent/ Tahsildar initiated proceedings under Section 145 of Cr.P.C. against the petitioners, the petitioners challenged the same before this court and obtained interim orders. There is admittedly scrambled for possession of the subject matter by the villagers. The petitioners now rely upon a few photographs firstly to show that there are crops to some extent in the subject matter of the writ petition and that the crops evidenced through these photographs are raised by the petitioners. Therefore, the petitioners shall not be dispossessed except in accordance with law.
6. The possession of a party or group of persons is presumed by a court of law from the case pleaded by a party or group of persons and how such plea is discharged by placing satisfactory and direct evidence on the possession and enjoyment of the property. Admittedly, the petitioners in respect of their possession have not filed evidence, which this court can consider and decide.
7. Learned Assistant Government Pleader on instructions submits that the claim of the petitioners i.e., subject land of Ac.40.00 cents is incorrect. The extent covered by Sy.Nos.178 to 183 and 404 of Kondlapudi Village is Ac.33.90 cents only. According to him, there is cultivation in an extent of Ac.5.76 cents, Ac.26.17 cents is vacant land and Ac.1.97 cents is covered by road. The instructions do not admit the petitioners in fact are the persons who have raised the crop even in respect of Ac.5.76 cents. Now on the steps taken by respondents, it is stated, as part of road widening of NH-67, the respondents have displaced 200 families and there are another 400 persons/ families in need of house sites under Housing programme implemented by the State Government. Therefore, for the purpose of providing house sites to the displaced families or other persons in need of house sites, steps are taken by respondents for allotment of Government land.
8. From the above, it is clear that the respondents claim to be in possession of ceiling surplus land and are taking steps to provide house sites to the displaced families or persons, who are in need of houses in the ceiling surplus land. The petitioners failed to make out case for granting of any relief. The above discussion does not give quietus to the controversy in the writ petition viz., whether the respondents have admitted petitioners' cultivation to an extent of Ac.5.76 and if possession claimed by a party can be treated as contrary to the orders passed under Section 145 Cr.P.C., or who is in possession of land brought under cultivation. These are certainly matters dependent on field verification. Therefore, the Tahsildar/ R.4 secures physical verification report, to find out who is in possession of Ac.5.76 land or such other extent, puts such person on notice afford opportunity and dispossess from the area under their occupation. The possession of petitioners on
the strength of the photographs cannot and ought not to be presumed by this court for the limited purpose of disposing the writ petition. It is for respondents to get into all aspects of the matter and pass orders in accordance with law.
9. With the above observation, the writ petition is dismissed. No order as to costs. Pending miscellaneous petitions if any in this writ petition shall stand dismissed in consequence. ____________ S.V.BHATT, J Date: 14.07.2017 BSS
HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.22856 of 2017 Date: 14.07.2017 BSS