Vadlathirumalaiah v. Grampanchayat,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.13613 OF 2016 ORDER:

The entire controversy involves in this matter as to whether the respondents have encroached into the 15 guntas of land in addition to the land which has been donated by the petitioner for the purpose of construction of a school. Considering the generous acts of the petitioner, it cannot be said that unless he has a grievance, he would not have approached this Court.

However, now considering the assertion made on behalf of the 1st respondent-Gram Panchayat that a compound wall has already been constructed, there shall be a direction to the 2nd respondent-District Collector to depute the Mandal Surveyor to verify and demarcate the exact land which has been donated by the petitioner and if there is any overlapping encroachment by the school in constructing the compound wall, the encroached portion of land shall be restored to the petitioner. Further, the respondents shall ensure that the encroached portion of the land to be restored to the petitioner and the respondents shall issue the notice to the petitioner before conducting any survey, so as to avoid any controversy in future within a period of six weeks from the date of receipt of copy of this order.

Subject to the above direction, the writ petition is disposed of. No order as to costs.

As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand disposed of as infructuous.

______________________________ CHALLA KODANDA RAM, J Dated:25.04.2016.

Note:

Issue CC in three days.

B/o.

Gk.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.13613 OF 2016 Date:25.04.2016 Gk