Andhra Pradesh High Court - Amravati
B G G Vv Ranagaiah vs The State Of Ap on 21 July, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
HON'BLE SRI JUSTICE NINALA JAYASURYA
W.P. No.10352 of 2020
O R D E R:-
This writ petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of the respondents in insisting the petitioners to vacate the respective extents of land, admeasuring 0.65 cents in Sy.No.498 and 0.05 cents in Sy.No.461 situated in Gramakantam of Chollaveedu Revenue Village, Racherla Mandal of Prakasam District, without following due procedure under law, as arbitrary and illegal, and consequently direct the respondents not to interfere with the possession of the petitioners over the said landed property.
Learned counsel for the petitioners submits that the petitioners are in long possession and enjoyment of the respective extents of subject land, which is classified as Gramakantam land in the revenue records. He further submits that the respondent authorities are trying to take possession of the subject land for the purpose of granting house site pattas under the scheme 'Navaratnalu Pedalandariki Illu', though they have no authority or power in respect of lands classified as Gramakantam.
Whereas, the learned Assistant Government Pleader for Revenue appearing on behalf of the respondents, has contended that Gram Panchayat is competent to exercise power on all public roads, poramboke, etc. in terms of Section 53 of A.P. Panchayat Raj Act and without impleading the Gram Panchayat, the writ petition 2 NJS,J wp_10352_ 2020 is not maintainable. He has also drawn the attention of this Court to G.O.Ms.No.187, dated 27.05.2015, issued by Revenue (ASSN.I) Department.
As seen from the copy of pattadar adanagal filed in the material papers, the subject land is classified as Gramakantam. Therefore, such gramakantam is deemed to have been vested on the Gram Panchayat on its constitution in terms of Section 53 of A.P Panchayat Raj Act and it is for the Gram Panchayat to take any action in respect of the said land.
Be that as it may, it is submitted that the issue is covered by an order of a learned Single Judge in Writ Petition No.1675 of 2020 dated 30.01.2020, and the present writ petition can be disposed of in terms of the said order. In the said writ petition, a learned Judge, while dealing with proceedings under the A.P. Land Encroachment Act, by a detailed order, set aside proceedings under the said Act and left it open to the Gram Panchayat to take appropriate steps. In the present case, the revenue records would reveal that the land in question is classified as Gramakantam and therefore, respondent authorities have no authority or jurisdiction in respect of the same.
In the result, the writ petition is allowed declaring the action of the respondent authorities in trying to dispossess the petitioners from the subject land as without jurisdiction and leaving it open to 3 NJS,J wp_10352_ 2020 the Gram Panchayat to take appropriate steps. There shall be no costs.
Registry is directed to attach a copy of the order in W.P.No.1675 of 2020 dated 30.01.2020, while communicating this order.
As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
____________________ NINALA JAYASURYA, J 21.07.2020 Akc