Arnakonda Sadanandam & Others vs Singareni Colleries Company Ltd

Surepalli Nanda, J

Heard Ms.Devara Samhitha, learned counsel appearing on behalf of the Petitioners, Sri P.Sri Harsha Reddy, learned standing counsel for SCCL appearing on behalf of the respondent Nos. 1 to 3 and Sri Sai Prasen Gundavaram, learned counsel appearing on behalf of the respondent No.4.

The Petitioners approached the Court seeking prayer as under :

“…to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 1 and 2 in illegally constructing the compound wall in front of the petitioners property bearing H. No. 20-1-49/5/1, Bus stand colony, Godavarikhani by closing the entrance of the building premises and in not removing the same as illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently set aside the speaking order dated 27.05.2024 issued by the Respondent No 1 in the interest of justice and to pass...”

PERUSED THE RECORD:-

Para Nos. 3, 7, 8 ,10 and 11 of the counter affidavit filed on behalf of the respondent Nos. 1 to 3 are extracted hereunder:-

It is submitted that the writ petition is not maintainable as the petitioner has not made District Collector and Commissioner of Police as proper and necessary parties. At the outset, the writ petition is liable to be dismissed for suppression of material facts and not indulgence should be shown by this Hon’ble Court as the petitioners have illegally demolished the wall which was constructed by the respondent company for protection of its land during the year 2000.

In reply to para no. 7 of the affidavit, it is submitted that the Petitioner no.1 has approached the Revenue Authorities and managed to obtain a new Patta Certificate dated 25-11-2022, for the same site with the same house number on the name of his spouse Smt. Thirumala Konda Nagamani W/o Arnakonda Sadanandam, the petitioner no. 2 herein, House No. 20-1- 49/5/1, Bus stand Colony to an extent 200 Sq. Yrds in Sy.No 709 of Janagaon Village of Ramagundam Mandal, Peddapalli District covering the subject land which was surrendered by the respondent company to the Government of Telangana during 2018 in place of earlier Patta Certificate which was issued for 123 Sq. yards only. Petitioner has managed to get the Patta certificate from Revenue Department by hiding the facts in the name Smt. Thirumala Konda Nagamani W/o Arnakonda Sadanandam. Whereas the Petitioner in the guise of the Patta Certificate dated 25-11-2022 stated to have been issued by the Revenue Authorities for an extent of land 200 Sq. yards trying to encroach the extra Govt. vacant land to an extent 67 Sq. yards adjacent to the land for which earlier Patta was issued for 123 Sq. yards.

In reply to para No.8 of the affidavit, it is submitted that as per the decision of the Government to regularize the encroachment, the respondent Re-constructed the demolished Company compound wall with the help of Police protection.

In reply to para no. 11 of the affidavit, it is submitted that the Petitioner has managed to get the Patta certificate from the Revenue Department by hiding the facts in the name of his wife Smt. Thirumala Konda Nagamani the petitioner no. 2 herein and in the guise of the Patta Certificate dated 25-11-2022 stated to have been issued by the Revenue Authorities for an extent of land 200 Sq.yards, the petitioner is trying to encroach extra Govt. vacant land to an extent 67 Sq. yards adjacent to the land for which earlier Patta was issued for 123 Sq.yards on the name of Sri. Arnakonda Anjaiah on the same house number for the same site. Further, it is submitted that the respondent company has requested the District Collector, Peddapalli to arrange to advise the concerned to conduct a discrete enquiry on the illegal encroachment of Government land to an extent of 67 Sq. yards in the guise of Patta to an extent of 200 Sq. Yards on the name of Smt. Thirumala Konda Nagamani W/o Sri.Arnakonda Sadanandam on the H.No.20-1-49/5/1 Bus Stand Colony vide L.r. No. RG.I/EST/WP.No.9501/2023/285 dated 22-04-2024 as already a Patta was issued for the same site on the same H. No. 20-1-49/5/1 at Bus Stand Colony to an extent of 123 Sq. yards on the name of Sri. Arnakond Anjaiah F/o Arnakonda Sadanandam and to take suitable action against the illegal encroacher. Further, it is submitted that the Commissioner of Police, Ramagundam was also requested to arrange for discrete enquiry on the illegal encroachment of Government land and take suitable action against the illegal encroacher Vide Lr. No. RG.I/EST/WP.No.9501/2023/ 286 dated 22-04-2024.

In reply to para no. 12 of the affidavit, it is submitted that as per the decision of the Govt. to regularize the encroachments, the respondent company had surrendered land to an extent of 0-22 gts in Sy. No.709 of Janagaon village along with other lands to Govt. facilitating the process of regularization of residential encroachments within compound wall. Accordingly the Patta holders have constructed permanent houses within the Colony and using the Colony roads. The respondent company had constructed compound wall all along its boundary of acquired land at Bus Stand Colony before surrendering the land to the Government for protection of the colony. Whereas, the Petitioner has breached the Compound wall belonging to the respondent company for converting the residential structure into commercial one as there is public road towards West side of the site, which is very unsafe for the safety of Bus stand colony residents.

Para Nos. 11 & 12 of the reply affidavit filed on behalf of the petitioners is extracted hereunder:-

I submit that in reply to Para No.10, It is false to state that I had managed to obtain Patta in my favour. The Respondent No.1 to 3 had again in this Para admitted that the land does not belong to them and that the encroachment is into the "Government land". In fact, there is no encroachment into the government land either and I had obtained building permissions and all other requisite permissions required as per law and had constructed the house. The Respondent No.1 to 3 only disputes over the compound wall without any basis and is causing huge loss to me.

I submit that in reply to Para No.11, the averments are absolute repetition and reply in the above paras would suffice. Further. I do not admit the encroachment into the government land and also dispute the authority of the Respondent No.1 to 3's action in interfering into my land and constructing a compound wall around my house without any permission whatsoever from any authority and without title.

The case of the petitioners in brief as per the averments made in the affidavit filed by the petitioners in support of the present Writ Petition is as under:-

a) The petitioners are the absolute owners and peaceful possessors of the House bearing No.20-1-49/5/1 constructed in the land admeasuring 200 sq.yards in Sy.No.709 situated in Bus stand Colony, Janagaon Village, Godavarikhani, Peddapalli District Telangana. The petitioner No.1 had acquired the subject house through petitioner’s father and petitioner’s father Sri Arnakonda Anjaiah had acquired the subject land through Government patta certificate issued by the Revenue Department of the then Government vide proceedings No.E3/1627/2008, dated 16.02.2009.

b) It is further the case of the petitioners that in response to 1st

petitioner’s application to the 4th respondent for mutation of 1st petitioner name into the Revenue records being the legal heir of Sri Arnakonda Anjaiah for which the petitioner’s application was considered and the proceedings of Transfer of Title of Property was issued in favour of the 1st petitioner in respect of the subject property by the department of Municipal Administration, Government of Telangana on 08.08.2019 and the Ramagundam Municipal Corporation, Peddapalli District vide certificate ROC.No.A1/714/2019, dated 22.08.2019 certified that the 1st petitioner’s name reflects in the office records pertaining to house bearing No.20-1-49/5/1 (Assessment No.1104042444) situated at Bus stand Colony, Godavarikhani within the limits of Ramagundam Municipal Corporation.

c) It is further the case of the 1st petitioner that in order to renovate the house in the subject land, the 1st petitioner made an application dated 04.05.2019 for building permission and the same

had been granted for 1 Ground Floor + 1 Upper Floor, and the petitioner also paid requisite fee for the said permission. Subsequently, through G.O.Ms.No.76, Revenue (Assn.I) Department, dated 11.07.2019, the petitioner No.2 was given the rights and title over the said land, upon the petitioner No.2’s application for regularization of encroachment under 2nd petitioner’s occupation terms and the title was transferred to petitioner No.2 by regularizing the said land occupation through registered deed of conveyance vide document No.2761 of 2023.

d) It is further case of the petitioners that upon said transfers and

valid building permissions, the 1st petitioner had constructed house without any deviation but all of a sudden respondent Nos. 1 to 3

illegally trespassed into petitioners and erected a wall in front of the main entrance in petitioners absence for grabbing petitioners’ subject land. Aggrieved by the same, petitioners filed W.P.No.12767 of 2024 and the same was disposed of vide orders, dated 03.05.2024 observing as under at para No.6 of the said order:-

Taking into consideration the said submission made by the learned Standing Counsel appearing on behalf of respondent Nos.2 and 3, the writ petition is disposed of directing respondents Nos.2 and 3 to consider the petitioner's representation dated 26.04.2024, in accordance to !aw, within a period of two (2) weeks, from the date of receipt of a copy of this order and take appropriate action as per law. However, there shall be no order as to costs

e) It is further the case of the petitioners that subsequent to the passing of the order, dated 03.05.2024 passed in W.P.No. 12767 of 2024, the respondent No.1 issued a speaking order, dated 27.05.2024 duly considering petitioners’ representation dated 26.04.2024 in compliance to the directions of this Court, dated 03.05.2024 passed in W.P.No. 12767 of 2024 and rejected the petitioners’ request to remove the construction of the compound wall in front of the petitioners’ house property bearing house No.20-1-49/5/1, Bus Stand Colony, Godhavarikhani. Aggrieved by the same, the petitioners filed the present Writ Petition.

The learned counsel appearing on behalf of the petitioner mainly contends that the respondent Nos. 1 to 3 do not have any authority to interfere into the construction of the compound wall around petitioners’ house since the subject land does not belong to respondent Nos. 1 to 3 and the petitioners had not attempted to encroach or had encroached extra Government vacant land to an extent of 67 sq.yards adjacent to the land for which earlier patta was issued for 123 sq.yards on the name of Sri Arnakonda Anjaiah on the same House Number for the same site and the petitioners under the guise of the patta to an extent of 200 sq.yards on the name of the 2nd petitioner had not encroached government land to an extent of 67 sq.yards as specifically averred at para No.10 of the Counter affidavit filed by the respondent Nos. 1 to 3.

Taking into consideration specific averments made by the respondent Nos. 1 to 3 in the counter affidavit filed on behalf of the 1st respondent in particular para No.3 of the counter affidavit (referred to and extracted above) which states that the petitioners had illegally demolished the wall which was constructed by the respondent –company for protection of its land during the year 2000, this Court opines that the petitioners are not entitled for the relief as prayed for in the present Writ Petition and the same is dismissed. However there shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.