Petitioner challenged the Government proposal to allot land to landless poor persons by closing an existing public passage. The court dismissed the writ petition as misconceived after considering the Affidavit of the Tahsildar.
No costs to the Respondents. The Writ Petition is dismissed.
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION NO.19003 OF 2011
ORDER:
This writ petition has been filed seeking a Writ of Mandamus for declaring the action of the respondents in proposing to allot the land situated at Gudavalli Village, Vijayawada Rural Mandal to some landless poor persons by closing the existing Donka passage which provides ingress and egress for the lands of the petitioners, as bad in law.
2. The Tahsildar, Vijayawada Rural Mandal, filed an affidavit in the matter. It is stated in paragraph 3 thereof that, the land in question is not a patta land but Donka poramboke which belongs to the Government and all that the Village Revenue Officer did was, to have the land measured by the Mandal Surveyor in order to identify the encroachments made by the ryots if any and that this land is the only access to few other lands situate at tail end and further, no proposals have been entertained to assign the said lands to any individuals as contended by the petitioners. It is further stated that, no steps are taken for allotment of house sites in donka poramboke and hence this writ petition deserves to be dismissed.
3. In view of the averments made by the Tahsildar, Vijayawada Rural Mandal, Krishna District, in the counter affidavit, this writ petition is totally misconceived and hence, it is dismissed. No costs.
JUSTICE NOOTY RAMAMOHANA RAO
14th December, 2011 Sp
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITION NO.19003 OF 2011
14th December, 2011
sp
1 issue framed by the court
Whether the action of respondents in proposing to allot land by closing the existing passage is bad in law.
Petitioner
Respondents
Nooty Ramamohana Rao
As recorded by the court registry
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