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Judgment
None for the petitioner.
Mr. Parsa Ananth Nageswaa Rao, learned Government Pleader attached to the office of learned Advocate General for the official respondents.
Mr. K.R.Koteswara Rao, learned counsel for respondent No.12.
In this writ petition which has been filed as a public interest litigation, the following prayer has been made:
It is therefore prayed that this Hon’ble Court may be pleased to issue a writ or order or direction more particularly a writ of mandamus declaring the inaction of the respondent No.1 to 10, not protecting the government lands admeasuring Ac.15.03 guntas in Survey No.582 and Ac.12.38 guntas in Survey No.583 total measuring Acs.28.01 guntas situated at Alwal Village and Mandal, Medchal-Malkajgiri District, is illegal, arbitrary, in violation of Article 14 of the Constitution of India and consequently direct the respondents No.2 to 4 and 8 to 10 remove the illegal structures raised by the respondent No.11, further direct the respondents 6 and 7 not to register any land in Survey No.582 and 583 of Alwal Village and Mandal, Medchal-Malkajgiri District, and further direct the respondent Nos.8 to 10 not to sanction any building plans in Survey Nos.582 and 583 of Alwal Village and Mandal, Medchal-Malkajgiri District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.
Thus, the grievance of the petitioner pertains to the inaction on the part of respondents No.1 to 10 in protecting the Government lands and not removing the illegal structures which have been raised on the land in question.
We have heard learned Government Pleader and learned counsel for respondent No.12.
Learned counsel for respondent No.12 submits that respondent No.12 has purchased the subject land by registered sale deeds. However, learned counsel for respondent No.12 is unable to state the date of the sale deeds.
Be that as it may, in the peculiar facts of the case, we issue the following directions:
i) The District Collector, Medchal-Malkajgiri District, shall issue notice to the petitioner as well the unofficial respondents and to every person who may be in occupation of the subject land;
ii) The District Collector, Medchal-Malkajgiri District, shall thereafter afford an opportunity to all the parties to furnish the documents in support of their claim; and
iii) In case the subject land is found to be a Government land, the District Collector, Medchal-Malkajgiri District, shall initiate action for removal of encroachment in accordance with law.
iv) The aforesaid exercise by the District Collector, Medchal-Malkajgiri District, shall be carried out within a period of four months.
Learned Government Pleader undertakes that assistance of the Police shall also be provided for removal of encroachment from the subject land, if it is found to be the Government land.
Needless to state that any person aggrieved by the order directing removal of encroachment shall be at liberty to take recourse to such remedy as may be available to them in law.
It is clarified that this Court has not expressed any opinion on the merits of the claims of the parties.
The writ petition is accordingly disposed of.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.