Andhra Pradesh High Court - Amravati
Panga Subba Reddy, vs The State Of Andhra Pradesh, on 19 October, 2020
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No. 18916 OF 2020
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"To issue Writ of Mandamus, declaring the action of the respondents in insisting petitioner to vacate from his house and site property admeasuring Ac.0-16 Cents covered by Sy.No.47 situated in Lingasamudram Revenue Village and Mandal of Prakasam District as illegal irregular irrational without any authority or sanction of law and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners peaceful possession and enjoyment over his said house and site property"
The petitioner is in possession of property of an extent of Ac.0-16 cents in Sy.No.47 of Lingasamudram Revenue Mandal, Prakasam District. Possession of the petitioner is not in dispute, as per adangal filed along with the writ petition. According to the petitioner, land in Sy.No.47 is classified as gramakantam, it is under cultivation by raising paddy crop. As per notice under Section 6 of the Act, when land is classified as gramakantam, respondents have no authority to exercise power to evict the petitioner, invoking provisions of the Act, and trying to dispossess the petitioner under Section 7 and requested to direct the respondents not to dispossess this petitioner from the land mentioned above.
Whereas learned Assistant Government Pleader for Revenue 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. 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.
MSM,J WP.No.18916 of 2020 2 Undisputedly, petitioner is in possession of subject land. However, as per column No.3 of adangal, the 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. Even G.O.Ms.No.187, dated 27.05.2015 was issued based on orders in Nagarala Nirvasithula Welfare Association v. The Government of A.P1 where the Court held that:
"On behalf of respondents, reliance is placed upon judgment of this Court in Banne Gandhi and others v. District Collector, R.R District1, which arose under A.P Panchayat Raj Act, 1994. Section 58 (1) therefore directs that all porambokes viz., grazing grounds, threshing floors, burning and burial grounds, cattle stands, carts tanks etc., vest in the Gram Panchayat. sub-section (2) thereof directs that the Government may, at any time, by notification in the A.P Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the Gram Panchayat.
The Government initiated steps to issue house site pattas over the land which formed part of gramakantam. The same was challenged stating that gramakanatam vests in the Gram Panchayat and that the Government cannot grant house site pattas in it. A learned Single Judge of this Court held that there is no mention of gramakantam in sub-section (1) and thereby, the question of such lands vesting in the Government does not arise"
Thus, after careful examination of matter, the Government has decided that gramakantam land vests in the Gram Panchayat, there is a need to withdraw these lands from the purview of Section 22-A of Registration Act, to remove the hardship of general public. Therefore, Government Order that the District Collectors shall withdraw gramakantam lands from the lists of properties, prohibited from registration, furnished to the Registering Officers, under Section 22-A of Registration Act. It shall be the responsibility of Gram Panchayats to take appropriate action in respect of gramakantam land(s) 1 W.P No.553 of 2012, dated 09.07.2012 MSM,J WP.No.18916 of 2020 3 including protection of the extents of land meant for communal purpose.
Even according to G.O.Ms.No.187, dated 27.05.2015, gramakantam land is deemed to have been vested on Gram Panchayat in terms of Section 53, unless notification is issued under Section 58 (2) of A.P Panchayat Raj Act, divesting the land on Government from Gram panchayat. But no such notification was issued, till date. Hence, respondents have no jurisdiction to take steps to evict the petitioner, describing him as encroacher by invoking provision of the Act. At best Gram Panchayat may take appropriate steps in terms of G.O.Ms.No.187, dated 27.05.2015. Hence, the action of the respondents is without jurisdiction and the same is liable to be set aside.
In the result, the writ petition is allowed, directing the respondents not to insist the petitioner to vacate from his house and site property admeasuring Ac.0-16 cents in Sy.No.47 situated in Lingasamudram Revenue Village and Mandal, Prakasam District, declaring the same as illegal and arbitrary, leaving it open to the Gram Panchayat to take appropriate steps. There shall be no costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:19.10.2020 SP