Disposed

Akana Venkateswara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC25 Feb 2020WP/3361/2020

Case brief

AI extract

What is this about?

Petitioners challenged the assignment of village land classified as Poramboke, Cart Track, and Gayalu to the landless poor. The Court held that such assignment without following requisite statutory procedures under the Panchayat Raj Act and Board Revenue Standing Orders was illegal and directed the respondents to not proceed with the assignment.

What did the court decide?

Direction not to assign portions of survey numbers 631-1, 635-2A, 635-2B and 635-7 to others until procedures under the Panchayat Raj Act and B.S.O 15(2) are followed.

Akana Venkateswara Rao Vs the State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No. 3361 OF 2020

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ORDER :

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This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, declaring the action of the respondent in taking steps to assign/allot house site pattas in Poramboke, Cart Track and footway, Gayalu lands in Sy.Nos.631-1 to an extent of Ac.0-08 cents, 635-2A, 635-2B to an extent of Ac.0-85 cents, Sy.No.635-7 to an extent of Ac.0-47 cents situated at Ramannapalem Village, Mogalthuru Revenue Village, Mogalthuru Mandal, West Godavari district as illegal, arbitrary and violative of Articles 14, 21, 19(1)(g) and 300-A of the Constitution of India and contrary to the Andhra Pradesh Board Revenue Standing Orders and consequently declare the same as illegal and arbitrary and direct the respondents not to assign the same to others.

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The petitioners are small farmers having properties in various survey numbers in Ramannapalem, Mogalthuru Revenue Village and Mandal, West Godavari District. They have been in possession and enjoyment of the said land and eking out their livelihood by agriculture without there being any interference or hindrance from anyone. The names of these petitioners were also mutated in the revenue records and the authorities also issued pattadar passbooks and title deeds in favour of the petitioners. While so, the respondents classified the lands in Sy.No.631-1 as Poramboke, Sy.No.635-7 as Cart Track and footway and lands in Sy.Nos.635-2A, 635-2B as Gayalu in Ramannapalem Village, Mogalthuru Revenue village, West Godavari District and trying to assign them to the landless poor.

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MSM,J

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It is contended by the petitioners that the land cannot be assigned to the poor, since the cart track and footway vests on the gram panchayat in terms of Section 53 of the Andhra Pradesh Panchayat Raj Act and unless they are notified by issuing gazette publication under Section 58(2) of the Andhra Pradesh Panchayat Raj Act, they cannot be assigned.

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So far as Gayalu is concerned, it is only un-assessed waste and unless it is converted into assessed waste, it cannot be assigned, in view of the Bar under B.S.O 15(2) of the Andhra Pradesh Board Revenue Standing Orders and thereby, the proposed action to assign the lands in different survey numbers referred above is illegal and requested to pass appropriate orders.

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Sri K.S. Murthy, learned counsel appearing for the petitioners reiterated the contentions urged in the affidavit, while drawing attention of this Court to classification of land as per adangals pertaining to different survey numbers referred above and requested to issue a direction as claimed by the petitioners.

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Whereas, learned Assistant Government Pleader for Assignment contended that the land in Sy.Nos.635-2A and 635-2B is classified as Gayalu and the same can be assigned in view of the procedure under B.S.O 15(2), while accepting that the land covered by Sy.Nos.631-1 and 635-7 cannot be assigned, except by following procedure under Section 58(2) of the Panchayat Raj Act and B.S.O 15(2) of Andhra Pradesh Board Revenue Standing Orders.

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So far as Gayalu land in Sy.Nos.635-2A and 635-2B is concerned, it is an un-assessed waste and unless it is converted into assessed dry waste by following B.S.O 15(2), issuing Notice, but the same cannot be assigned. Therefore, leaving it open to the

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MSM,J

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respondents to take steps, if advised, for conversion of land under B.S.O 15(2) of the Andhra Pradesh Board Revenue Standing Orders, the respondents are directed not to assign the land of an extent of Ac.0-08 cents in Sy.No.631-1 which is classified as Poramboke and an extent of Ac.0-47 cents in Sy.No.635-7 which is classified as Cart Track and footway, without following the procedure under Section 58(2) of the Panchayat Raj Act.

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With the above direction, writ petition is disposed of. No costs.

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Consequently, miscellaneous applications pending if any, shall

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stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date:25.02.2020 sp

Akana Venkateswara Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Akana Venkateswara Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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