Writ petition filed in Andhra Pradesh High court declaring the action of respondent in digging a drainage canal at the petitioner’s home as unlawful and ordering the respondents to have the drainage canal removed.
Andhra Pradesh High Court – Amravati
Smt. Avula Ramalakshmamma vs The State of Andhra Pradesh, Rep. by its Principal Secretary
BENCH – HONOURABLE SMT. JUSTICE V. SUJATHA
WRIT PETITION No. 14393 of 2016
DATE OF JUDGEMENT – 11 MAY 2023
INTRODUCTION
The current writ petition was filed in accordance with Article 226 of the Indian Constitution in order to obtain a Writ of Mandamus declaring the 3rd respondent [The Assistant Engineer (R & B)] action in digging a drainage canal at the petitioner’s home site in Ramnagar Gate Centre, Podalakur Panchayat, SPSR Nellore District as unlawful and arbitrary and ordering the respondents to have the drainage canal removed.
Article 226 Power of High Courts to issue certain writs –
Any High Court may issue directions, orders, or writs, including those in the nature of writs of habeas corpus, mandamus, prohibitions, quo warranto, and certiorari, or any of them, to any person or authority, including in appropriate cases, any Government, within those territories, regardless of what Article 32 says. These writs may be used to enforce any of the rights granted by Part III and for other purposes.
FACTS
In Ramnagar Gate Centre, Podalakur Panchayat, SPSR Nellore District, the petitioner’s husband had purchased a home site measuring approximately 10 Ankanams. He built a house using asbestos sheets in a portion of the said plot, and the couple has been making ends meet by operating a small tea shop and performing carpentry work.
A Registered Settlement Deed in favour of the petitioner has been executed by the petitioner’s husband. The petitioner has been paying the property tax that has been assessed against the property by the 5th respondent (The Podalakuru Grampanchayat) for the past 17 years.
The 3rd respondent [The Assistant Engineer (R & B)] dug some portion of the subject property under the guise of constructing a drainage canal without following due process of law. When the petitioner had questioned the highhanded attitude of the 3rd respondent in digging the drainage canal in the petitioner’s land, the petitioner has received an evasive reply stating that the petitioner’s property is abutting the Roads and Buildings Department land. Thereafter, the petitioner has submitted a representation to the 4th respondent (District Collector), questioning the illegal and arbitrary attitude of the respondent Nos.3 and 5 in illegally digging drainage canal in the house site of the petitioner.
According to the experienced lawyer for the respondents, the required legal steps will be initiated as soon as the revenue authorities establish the limits of the aforementioned site in accordance with the report of the Podalakur Mandal’s Tahsildar/Mandal Surveyor.
JUDGEMENT
This Hon’ble court has disposed of this writ petition with the following directions: –
- The responders shall perform a survey to demarcate the road margins at the Ramnagar Gate Centre, Podalakur Panchayat, SPSR Nellore District with the help of the Revenue department. The petitioner or one of her representatives must be present during the survey’s administration.
- The petitioner must be notified in order for these people to be present when the survey is conducted.
- The respondents would be free to take the proper legal action if it turned out, following the survey, that the petitioner had encroached on the road margin. Eight (8) weeks must pass after receiving a copy of this order before this survey is finished.
- The respondents are not allowed to interfere with the petitioner’s possession of the subject land until this survey is finished without first pursuing the proper legal procedures. As a result, this writ petition is dismissed by this hon’ble court with the above instructions.
JUDGEMENT REVIEWED BY HARSHIT JAIN
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