Sayad Babu v. The State Of Andhra Pradesh, Rep.By Its Secretary

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.5112 of 2012 ORDER:

Heard Sri Venkateshwar Varanasi, holding for Mr.M.V.L.Narasaiah, learned counsel for the petitioner and Mr.G.Narendra Reddy, learned standing counsel for the 4th respondent.

2. The petitioners pray for direction to respondents 3 and 4 not to interfere with peaceful possession and enjoyment of petitioners' residential plots bearing Nos.252, 253 and 254, to an extent of 133.33 sq. yards each behind Mandal Parishad Development Office, Banswada Village & Mandal, Nizamabad District.

3. Briefly stated, the case of the petitioners is that on 02.04.1987, Plot bearing No.252 behind the Panchayat Samithi office was assigned to the 1st petitioner. On 02.04.1987, Plot No.15 at Tadkole village was assigned to the 2nd petitioner. Likewise, on 02.04.1987 Plot No.253 was assigned to the 3rd petitioner. The petitioners allege that the petitioners, after obtaining permission from the local authority, have constructed buildings and in fact, are residing in the plots assigned and houses constructed therein. Apprehending forcible dispossession by respondents 3 and 4, the instant writ petition has been filed for the prayer referred to above.

4. On 27.02.2012 the following interim order was passed: " Notice. Pending further orders, there shall be a direction to the respondents 3 and 4 not to interfere with the possession of the petitioners in respect of the plots in question without following due process of law."

5. The 4th respondent filed counter-affidavit and also, a petition to vacate the interim order dated 27.02.2012. Briefly stated, the case of the 4th respondent is that, petitioners 1 and 2 filed OS No.15 of 1996 and OS No.16 of 1996 before the Principal District Munsif Court at Banswada against the 4th respondent and on 04.12.1998, the suits were dismissed. The finding of the trial court is that plot numbers 252, 253 (sic.15) are not existence and the said decree and judgment has become final. The assignment dated 02.04.1987 for Plot No.254 is not in favour of the 3rd petitioner and there is nothing on record to show that the 3rd petitioner is the legal heir of one Smt.Suhasini. According to the discreet enquiry of the 4th respondent, the said Smt.

Suhasini, was of unsound mind, died long ago not leaving behind any person as her legal heir. Adverting to the location of the subject matter claimed by the petitioners in the writ petition, it is stated that the petitioners under the guise of assignment referred to above, have actually tried to encroach upon and grab the land of the Mandal Parishad Development Office at Banswada. The petitioners have houses bearing Nos.2-2-46 and 2-2-26 and the houses are not in any way touched by the 4th respondent.

A few steps taken by the 4th respondent for construction of a compound wall around the office and referred to, those details are not adverted for, in the considered view of this court, the petitioners have not come to the court with clean hands, disclosing all the circumstances, which are relevant for the prayer they have made in the instant writ petition. The description of property and entitlement to subject plots are not complete. This court has no reason to disbelieve the reply given by the 4th respondent.

property or person or presume the possession of the petitioners under assignment referred to above.

6. The writ petition fails, accordingly, dismissed. No order as to costs. Pending miscellaneous petitions, if any, in this writ petition, shall stand closed.

____________ S.V.BHATT, J Date: 27.09.2016 BSS

HON'BLE SRI JUSTICE S.V. BHATT Writ Petition No.5112 of 2012 Date: 27.09.2016 BSS