No coercive steps on Jamuna Hatcheries: High Court

Hyderabad: High Court Vacation Bench of Justice T Vinod Kumar was hearing the Writ Petition filed by Jamuna Hatcheries Private Limited, represented by its Director Eatala Nithin and his mother E Jamuna, aggrieved by the action of the District Collector, Medak and other revenue officials, who trespassed into their lands admeasuring approximately 59 acres, located in different survey numbers in Hakimpet and Achampet villages of Medak district.

Justice T Vinod Kumar directed the District Collector, Medak not to enter into the lands pertaining to Jamuna Hatcheries in Hakimpet and Masaipet villages of Medak district and further it has directed the DGP, TS, DG Vigilance & Enforcement, ACB and Superintendent of Police, Medak not to take any coercive steps against the petitioners.

Further, Justice Vinod Kumar issued notices to the Chief Secretary, District Collector, Medak, RDO, Toopran, MRO Masaipet mandal, Director General of Police, Director General, Vigilance & ACB and the Superintendent of Police, Medak directing them to file their responses to the contentions raised by Jamuna Hatcheries Private Limited within (4) four weeks and adjourned the Writ Petition to 06th July, 2021.

The Judge in the interim order said that the District Collector has taken up the survey of the lands without putting the Petitioners to Notice, which is in sheer violation of Article 14, 19, 20, 21 and Article 300A of the Constitution of India.

There is no provision of law which is shown to the Court under which the District Collector has conducted a detailed Survey and filed a report and the only reason shown is the complaint received against the petitioners stating that assigned lands have been encroached by the petitioners.

Further, the Advocate General TS has not shown any power vested with the District Collector, Medak for causing a preliminary enquiry to enter into the lands of the petitioners for conducting a survey, observed the Judge.

The Judge made it clear, that if the authorities concerned intend to take any action against the petitioners, they should take, strictly adhering to the provisions of law, following principles of natural justice, following due process of law and that too, without taking the report of the District Collector, Medak into consideration, which was submitted to the Chief Secretary on 01-5-2021.

Justice T Vinod Kumar, after reading the first few lines of the 42 pages Report of the District Collector, Medak, wondered as to how could he conduct a detailed and full survey of 120 acres odd land in just a single day as even if it is a digital survey.

He observed that the District Collector might have conducted the survey by sitting in his car, going around the land has conducted a Survey. The Judge felt that if such actions of the officials working in high posts are not restrained, then tomorrow, they will barge into any area on the ground that they have to take up a survey and observed that such actions cannot be tolerated.

Senior Counsel D Prakash Reddy, appearing for the petitioners opposed the contention put forth by the Advocate General Banda Shivananda Prasad stating that there is no law furnished to the court, under which the District Collector and his team of officials trespassed into the land of the petitioners is in sheer violation of the principles of natural justice and also violation of Article 300A of the Constitution, which guarantees a person, right to property.

Advocate General Banda Shivananda Prasad, who appeared for the State, informed the Judge that that the report of the District Collector is only a " Preliminary" one and upon the instructions of the Government, such an enquiry has been taken up and due action will be taken against the petitioners, who are in illegal encroachment of assigned lands, as per the rules in vogue.

The matter has been adjourned next to July 6, 2021.