Gamidi Babji v. The Saripalli Grampanchayat Rep. By Its Secretary

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3016 of 2016 Dated 03.02.2016 Between:

Gamidi Babji ... Petitioner and The Saripalli Grampanchayat, represented by its Secretary, and others

...Respondents

Counsel for the petitioner: Ms.G.Sindhu Counsel for respondent No.1: -- Counsel for respondent No.2: Assistant Government Pleader for Revenue (TS) Counsel for respondent No.3: Assistant Government Pleader for Panchayat Raj and Rural Development (AP) The Court made the following:

ORDER:

This writ petition is filed for a mandamus to declare the action of respondent No.1 in interfering with the petitioner's peaceful possession and enjoyment of the site admeasuring 900 sq.yds. situated adjacent to his land admeasuring Acs.0.91 cents in R.S.No.311 of Saripalli Village, Narsapur Mandal, West Godavari District, as illegal and arbitrary.

On the petitioner's own showing, he is in possession of a public property, without permission. The only plea raised by him is that since the subject land is a Government poramboke, which is vested in the Revenue department, respondent No.1 has no right to interfere with his possession. Such a plea coming from a person, who has admittedly encroached upon a public property, cannot be permitted to be raised. The jurisdiction under Article 226 of the Constitution of India being discretionary, this Court would not protect any person, who had

encroached upon a public property, based on a subtle distinction between the Revenue department and the Panchayat Raj department. When there is no conflict between the Panchayat Raj department and the Revenue department, it hardly makes any difference whether the Gram Panchayat or the Revenue department owns the subject land, which is in occupation of the petitioner. In the absence of any enforceable right in the petitioner over the subject land in his occupation, he is not entitled to invoke the public law remedy under Article 226 of the Constitution of India.

For the aforementioned reasons, I do not find any merit in the Writ Petition and the same is, accordingly, dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.3823 of 2016 filed by the petitioner for interim relief shall stand dismissed as infructuous.

______________________________ C.V.NAGARJUNA REDDY, J 03rd February, 2016 GHN