This is an order dismissing a writ petition filed by alleged land owners apprehending encroachment by a Gram Panchayat for laying a water pipeline. The court found that the pipeline would be laid in government poramboke land, not private land.
The writ petition was dismissed. No costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.4236 OF 2016
ORDER:
This writ petition is filed alleging that respondents 3 and 4 are attempting to lay water pipeline in the zeroity lands of the petitioners without initiating any proceedings and without following due process of law.
Learned Government Pleader for Revenue has received instructions, wherein it is stated as follows:-
“……….
The Mandal Surveyor, Allavaram, after surveying the said land in the presence of all the adjacent ryoths including the Writ Petitioner No.2, reported vide his report 2nd cited, that the laying of pipeline proposed by the Gram Panchayat, Samantakurru does not come under the land owner by the petitioner but it goes in S.No.144/2 (Ac.0-17 cts) by the side of bodhi (Field water channel) which is registered as bodhi-Govt. Poramboke in RSR, Govt. Revenue Record and enclosed a sketch demarking the boundary between the Govt. poramboke and Land of the petitioner (copy enclosed). The Village Revenue Officer, Samanthakurru also reported the same (copy enclosed).
In fact, as could be verified from the records produced in the reference 3rd cited by the Panchayat Secretary, the 4th respondent i.e., resolution No.93/2016 dated 03-02-2016 according grama sabha resolution No.60 dated 04-01-2016 of the Gram Panchayat, that the Gram Panchayat proposed for laying of new pipeline for supplying drinking water to the villagers from Protected Water Scheme situated in the main village. In the margin of Bodhi (Field Channel) in S.No.144/2 which is Govt. Porumboke to minimize the expenditure and to
avoid any land acquisition. The Panchayat Secretary, the 4th respondent vide his letter 3rd cited, cleared that the Gram Panchayat is not going to acquire any land for the purpose and planned to utilize the margin in the Govt. porumboke in
S.No.144/2. ……..”
In view of the above, it is evident that the respondents have not acquired the lands of the petitioners and the writ petition is filed merely on apprehension, which has no basis.
Hence, the writ petition is dismissed. No costs. Miscellaneous Petitions, if any, pending shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J
16.02.2016 Prv
1 issue framed by the court
Whether the alleged laying of water pipeline in zeroity/government land constitutes a menace to the petitioner.
Writ Petitioner
Governor
Revenue Secretary
Additional Collector
4th Respondent
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
