Dismissed

Kamma Pullayya, v. State of Andhra Pradesh

Andhra Pradesh HC4 Feb 2020WP/1757/2020

Case brief

AI extract

What is this about?

The Court held that the proposed conversion of Puntha poramboke land into house sites for the Navaratnalu Pedalandariki Illu scheme was illegal. It directed that no assignment be made until the Government issues a notification under Section 58(2) of the A.P. Panchayat Raj Act, 1994, divesting the land from the Gram Panchayat.

What did the court decide?

Respondents directed not to assign the land to any third parties without following the requisite procedure of issuing a notification under Section 58(2).

Kamma Pullayya, Vs State of Andhra Pradesh — Municipal and Town Planning | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY WRIT PETITION NO.1757 OF 2020

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ORDER:

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This petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus, questioning the highhanded action of the respondents in trying to convert “Puntha poramboke” in R.S.No.83 in an extent of Ac.1.90 cents situated at Ramannapalem village, Kamavarapukota Mandal, West Godavari District, as house sites, declare the same as illegal and arbitrary, consequently direct the respondents not to covert the land as stated above.

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It is the contention of petitioners that they are the adjacent land owners of the subject land and they are using the subject land for ingress and aggress. The proposed action of respondents, to assign the same as house sites to landless poor is illegal and arbitrary, which will deprive ingress and egress of petitioners and other ryots to their lands on either side of “Puntha poramboke” on account of such conversion, requested to issue a direction.

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During hearing, learned counsel for petitioners reiterated the contentions urged in the petition. Whereas learned Assistant Government Pleader for Revenue (Assignments) brought to the notice of this Court that, after following necessary procedure, action shall be taken by the Government, only with a view to allot land to landless poor persons under “NavaratnaluPedalandariki Illu” scheme.

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Admittedly, the land is classified as “Puntha poramboke”, which is for communal purpose and it is governed by BSO 15 (4) of A.P. Revenue Board Standing Orders and the proviso thereto specifically prohibits conversion, subject to conditions and it is only meant even for expansion of road or puntha, if it is not required, but it can be leased out on eksal lease basis, at the same time there are certain limitations in BSO 15(2) as to the conversion.

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Moreover, when the land is a part of village, it is deemed to be vested on Gram Panchayat, in terms of Section 53 of the Panchayat Raj Act. As per Section 58(2) of A.P Panchayat Raj Act, 1994, the Government may, at any time, by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the Gram Panchayat, if it is required by them for any specific purpose, thereupon such porambokes shall vest in the Gram Panchayat.

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Till date, no such notification in Andhra Pradesh Gazette was published by exercising Section 58(2) of the Panchayat Raj Act, 1994. Therefore, the proposed conversion of “Puntha poramboke” into “Gramakantam” without issuing any notice is not sufficient. Unless notification is issued by the Government divesting Gram Panchayat of any poambokes, there cannot be any use of poramboke land for any purpose as held in Banne

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Gandhi and Ors. vs District Collector And Ors.¹

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7. A perusal of Sub-section (1) of Section 58 of A.P Panchayat Raj Act would show that only certain classes of lands described 1 2007 (4) ALD 374

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therein which are not required by the Government for any specific purpose shall vest in the Gram Panchayat on its constitution.

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Hence, proposed distribution or assignment of P untha porambok e to any one by the Government without issuing any notification, divesting such land from puntha is illegal as held in Sarpanch, Polakala Gram Panchayat, Irala Mandal, Chittoor District v. District Collector, Chittoor² .

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8. Thus, as on date, no such notification under Section 58(2) of A.P Panchayat Raj Act is issued or published, divesting Gram Panchayat from the lands and vested in the Government. In the absence following such procedure, the land cannot be assigned in view of the law declared by the High Court referred above. Hence, the respondents are directed not to assign the land to any third parties, without following procedure.

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With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. No costs.

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As a sequel, miscellaneous applications pending, if any, shall stand closed.

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JUSTICE M.SATYANARAYANA MURTHY

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Date: 04.02.2020 Rvk

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2 1997 (2) ALT 486

Kamma Pullayya, v. State of Andhra Pradesh

Case brief

What is this about?

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Kamma Pullayya, v. State of Andhra Pradesh

Case brief

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