SHAIK SILAR Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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BATTU DEVANAND,J. -
(1.)This writ petition has been filed by the petitioners against the action of the respondent Nos.1 to 6 in not protecting the Gramakantam land where the Zilla Parishad High School building existed in an extent of 817 sq.yards in R.S.No.526/B1 in the part of Samisra Gudem Gram Panchayat despite of written complaints of the petitioners since 29.10.2018 and oral complaints since 2016 onwards seeking interference of the official respondents to stop the illegal encroachment and unauthorised constructions made by the respondent Nos.7 and 8, as illegal, unlawful and against Articles 14 and 42 of the Constitution of India and for a consequential direction to demolish the unauthorised constructions made by the 7th respondent and to take action on all those officers colluded with the 7th respondent.
(2.)The case of the petitioners is that the petitioner is resident of Samisra Gudem village and worked as Vice President of Samisra Gudem Gram Panchayat from the period 2006-11 and at that time Zilla Parishad High School was running in the building existed in an extent of 817 sq.yards in R.S.No.526/B1 of Samisra Gudem. The school started in the year 1963 with all basic necessities for the students and the village people are admitting their children from VI class to X class in the Zilla Parishad High School.
(3.)In the year, 2012 due to the increase of the strength, the school was shifted to another premises in Samisra Gudem due to lack of sufficient accommodation to the teaching staff and students. Later, the Gram Panchayat used the said building for promotion of government schemes and programmes. The 7th respondent raised asbestos sheet roof construction adjacent to the Zilla Parishad High School building. Respondent Nos.7 and 8 taking advantage of non utilisation of building by the Panchayat, tried to encroach into the government property by removing the compound wall of the Zilla Parishad High School and unauthorisedly encroached and constructed toilets for the purpose to use for the programmes conducted in Gita Mandiram. The respondent Nos.7 and 8 used to let out the building hall for marriages, meetings and other devotional and cultural programmes. The petitioners along with some other villagers objected for the same and gave representations to the official respondents to remove the illegal constructions in government property. But the staff of the respondent Nos.1 to 6 by colluding with the respondent Nos.7 and 8 kept quite without taking any action against the respondent Nos.7 and 8.
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