Garikala Venkateshwarlu vs Government of Andhra Pradesh

C.V. Nagarjuna Reddy, J.—This writ petition is filed with the grievance that respondent No. 3 has been unduly interfering with the petitioners'' possession of the land admeasuring Acs. 4-34 gts. in Sy. Nos. 301/1 and 301/2 of Gopathi Village, Konijerla Mandal, Khammam District. At the hearing, learned Assistant Government Pleader for Revenue (Telangana Area), on instructions, submitted that to the extent of the land admeasuring Acs. 4-34 gts. in Sy. Nos. 301/1 and 301/2 owned by the petitioners, respondent No. 3 has not been causing any interference. He further submitted that in the guise of fencing their land admeasuring Acs. 4-34 gts., the petitioners have tried to encroach upon the neighboring Government land situated in the adjacent village.

The Tahsildar, being public servant, is under obligation to protect public properties. Whenever it comes to his notice that a private person is trying to encroach upon public property, he shall set into motion the legal process under the extant statutory provisions. Unlike two private citizens, the public servants shall not indulge in verbal exchanges or oral instructions not to cause encroachment. Had respondent No. 3 issued a notice to the petitioners not to encroach upon the Government land, the necessity for the petitioners to file the present writ petition would have been obviated.

In the light of the submission of the learned Assistant Government Pleader that respondent No. 3 is not interfering with the petitioners'' possession of Acs. 4-34 gts. in Sy. Nos. 301/1 and 301/2 of Gopathi Village, Konijerla Mandal, Khammam District, the writ petition is closed with liberty to respondent No. 3 to initiate appropriate proceedings in law, if the petitioners are found encroaching upon the neighboring Government land. As a sequel, WPMP No. 1405 of 2014 shall stand disposed of as infructuous.