A writ petition challenging the respondents' attempt to dispossess and demolish a college's structures. Petitioners argued voluntary land acquisition and public purpose allotment, but respondents filed undertakings not to interfere with peaceful possession, leading to closure of the case.
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7563 of 2022
ORDER:
Heard learned counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj appearing for respondent No.1, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 6 and Sri I.Koti Reddy, learned Standing Counsel for Gram Panchayat appearing for respondent No.7.
The present writ petition is filed aggrieved by the highhanded action of the respondents in trying to dispossess and demolish the structures from an extent of Ac.3.50 cents situated in R.S.No.29/3, Kesarapalli Village, Gannavaram Mandal, Krishna District.
Learned counsel for the petitioner submits that the petitioner college was initially established in the year 1969 in an extent of Ac.5.67 ½ cents in R.S.Nos.423/2, 424/2 and 426/1 of Buddavaram Village and Ac.15.19 cents in R.S.Nos.1/2, 2/2 and 3/2 of Ajjampudi Village, Gannavaram Mandal, Krishna District. The petitioner college is established for promoting and inculcating education to the economically and socially backward sections of the society and imparting education for intermediate as well as degree students in and around rural area. He further submits that the entire land of an extent of Ac.21.62 cents as stated above under which the college is running was acquired for the purpose of extension of upgradation of Vijayawada International Airport vide G.O.Ms.No.190 MA and UD (M-II) Department dated 27.08.2015. In view of the public purpose, the petitioner voluntarily surrendered the said land. Initially, the 1st respondent proposed to allot land in CRDA. However, the petitioner requested to allot land
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in rural area to continue its object and motive for imparting education for the rural people. Accordingly, the petitioner college was allotted the subject land and thereupon the college got constructed temporary sheds pursuant to the permission granted by the authority on 06.09.2016. Since then, the petitioner college has been running in the said premises. While so, on 23.03.2022, respondent Nos.5 to 7 herein are trying to dispossess and demolish the structures of the petitioner college on the guise that the land belongs to the Government.
At the time of hearing, learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 to 6 passed on to the Court a copy of written instructions dated 07.07.2022, wherein they categorically stated that the respondents are not interfering with the peaceful possession and enjoyment of the subject land of the petitioner. The 7th respondent also filed counter, wherein at para Nos.3 and 4, the Gram Panchayat also categorically made a statement that the Gram Panchayat is not interfering with the peaceful possession and enjoyment of the subject land of the petitioner college.
In view of the said undertaking given by respondent Nos.2 to 7, no further orders are necessary in this writ petition.
Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
Date: 07.07.2022 Ivd
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.7563 of 2022
Dated: 07.07.2022
Ivd
1 issue framed by the court
Whether the respondents' threat to dispossess and demolish the petitioner college's structures warrants judicial intervention.
Petitioner (College)
Assistant Government Pleader for Panchayat Raj
Assistant Government Pleader for Revenue
Gram Panchayat
Venkateswarlu Nimmagadda
As recorded by the court registry
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