Andhra Pradesh High Court - Amravati
Mosya Bujjibabu vs The State Of Ap on 23 January, 2025
APHC010587822024
IN THE HIGH COURT OF ANDHRA [3328]
PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE TWENTY THIRD DAY OF JANUARY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 30673/2024
Between:
1. MOSYA BUJJIBABU, C/O MOSYA MANIKYAM, AGED 36 YEARS,
R/O 3-77, MALA SINGARAM, ARAKU VALLEY, ALLURI
SEETHARAMARAJU DISTRICT, ANDHRA PRADESH-531149.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, TRIBAL
WELFARE DEPARTMENT, A.P SECRETARIAT OFFICE,
VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE
SECRETARY, DEPARTMENT OF ANIMAL HUSBANDARY, A.P
SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR
DIST, ANDHRA PRADESH.
3. THE PROJECT OFFICER OF INTEGRATED TRIBAL DEVELOPMENT
AGENCY, (I.T.D.A), PADERU, ALLURI SEETHARAMARAJU
DISTRICT, ANDHRA PRADESH.
4. THE DISTRICT COLLECTOR, ALLURI SEETHARAMARAJU
DISTRICT, ANDHRA PRADESH.
5. THE SPECIAL DEPUTY COLLECTOR, CUM DISTRICT REVENUE
OFFICER, PADERU, ALLURI SEETHARAMARAJU DISTRICT,
ANDHRA PRADESH.
2
6. THE REVENUE DIVISIONAL OFFICER, PADERU, ALLURI
SEETHARAMARAJU DISTRICT, ANDHRA PRADESH.
7. THE TAHSILDAR OF ARAKU VALLEY, ALLURI SEETHARAMARAJU
DISTRICT, ANDHRA PRADESH.
8. THE ASSISTANT DIRECTOR A H, VETERINARY HOSPITAL, ARAKU
VALLEY, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA
PRADESH.
9. PETTELI DASBABU SARPANCH, S/O BUDDU, R/O PEDALABUDU
VILLAGE AND POST, AARAKU VALLEY MANDALAM, ALLURI
SEETHAREIMARAJU DISTRICT-531149
...RESPONDENT(S):
Counsel for the Petitioner:
1. NALLANAGULA LALITHA SREE
Counsel for the Respondent(S):
1. GP FOR ANIMAL HUSBANDARY
2. GP FOR REVENUE
3. GP FOR SOCIAL WELFARE
The Court made the following ORAL ORDER:
Heard Ms. N. Lalitha Sree, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration.
2. In compliance with the Order of this Court dated 26.12.2024, Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Araku Mandal, ASR District, dated 08.01.2025. Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record.
3. Relevant portion of the Written Instructions is usefully extracted hereunder:
3"It is submitted that the Government Veterinary Hospital is existing in Block- B, plot.No.29 (Sy.No.43-1 Ac.0.27 cents & plot. No.30 (Sy.No.43-1 Ac.0.21 cents) total extent of Ac.0.48 Cts of Pedalabudu Village of Araku Valley Mandal in an extent of Ac.0.48 Cts., which is a Government land allotted to the Animal Husbandry Department long back and rendering services to the public. The District Collector, ASR District and 4th respondent herein has allotted Ac.0.06 Cts of Grama Kantham land situated in Sy.No.43-1 of Pedalabudu Revenue Village to Gram Panchayat to construct the shopping complex, in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed scheduled tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No.19, Dt.5.1.2023 of the Executive body of Pedalabudu Gram Panchayat, vide Progs.Rc.No.13/2023/B3/ Dt.27.3.2023 of the District Collector, ASR District. The District Collector, ASR District further instructed the Panchayat Secretary/Sarpanch of Pedalabudu Gram Panchayat to carry out the shopping complex work with Gram Panchayat funds in a transparent manner, duly obtaining valid building permission and Estimates from the concerned departments and investments from public representatives and private persons shall not be accepted to execute the work. The District Collector, ASR District further instructed the Divisional Panchayat Officer, Paderu and District Panchayat Officer, ASR District to monitor the work periodically and ensure the power connections must be obtained in the name of Gram Panchayat, Pedalabudu only to avoid unnecessary complications/allegations. It is submitted that the Government of Andhra Pradesh vide G.O.Ms.No.187, Revenue (Assn.1) Department, dated 27.5.2015 declared that the Gramakantham lands are vested in Gram Panchayat and it is the responsibility of the Gram Panchayats to take appropriate action in respect of Gramkantam lands including protection of the lands meant for community.
It is further submitted that the Assistant Director, Animal Husbandry Department has requested the Tahsildar, Araku Valley to supply the details of Survey Number, so as to submit the same to their higher authorities for sanction of new building vide his letter dt.6.10.2017 and in turn, the then Tahsildar, Araku Valley Mandal has replied that the land is existing in Block-
B, plot.No.29 and 30 of Araku Valley vide letter Rc.No.455/2017/JA/Dt.11.10.2017.
It is further submitted that the Assistant Director, Animal Husbandry Department, Araku Valley Mandal has lodged a complaint before the Station House Officer, Araku Valley against D. Rambabu, S/o.Narayana, stating that the accused has damaged the compound wall of Area Veterinary Hospital, Araku vide his letter Roc.No.41/2024, dt.29.10.2024 and requested to take necessary action to prevent the encroachment of the property of the Government Veterinary Hospital.
It is further submitted that the Assistant Director, Animal Husbandry Department, Araku Valley Mandal has lodged a complaint before the Station House Officer, Araku Valley against D.Rambabu, S/o.Narayana, stating that the accused has damaged the compound wall of Area Veterinary Hospital, Araku vide his letter Roc.No.41/2024, dt.29.10.2024 and requested to take necessary action to prevent the encroachment of the property of the Government Veterinary Hospital.
4It is further submitted that the land covered by the present Writ Petition is a Government land. The Government Area Veterinary Hospital is existing in Block-B, plot. Nos.29 & 30 of Pedalabudu Village and Gramakantham land is available adjacent to the Government Veterinary Hospital, which is vacant on ground. It is pertinent to mention here that Araku Valley is a popular tourism hill station, the lands of the village are precious. The subject land is existing the prime locality of the village and vacant on ground. The Government authorities shall exercise their respective powers to bring such vacant lands into utilization for the purpose of community, to generate revenue and to strengthen the local bodies and hence the District Collector, ASR District allotted the Gramkantham land for an extent of Ac.0.06 Cts., for construction of shopping complex, in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed scheduled tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No.19, Dt.5.1.2023 of the Executive body of Pedalabudu Gram Panchayat, vide Progs.Rc.No.13/2023/B3/ Dt.27.3.2023 of the District Collector, ASR District. But the petitioner herein contended that the District Collector, ASR District has accorded permission to the Sarpanch of the Village as a political consideration without conducting any enquiry is totally false, baseless and invented to file this Writ Petition. The subject land is a purely government property and as such the petitioner has no title or interest over the schedule land hence he has no locus standi to file this Writ Petition.
It is submitted that the petitioner has filed petitions before the District Collector, ASR District under the Public Grievance Redressal system vide petition Nos. ASR202412034747 & ASR202412063027, Dt.6.12.2024. The grievance of the petitioner shall be disposed off basing on the merits as per the service level agreement (SLA) fixed by the Government. The government has fixed the time limit to dispose off such cases is 60 days from the date of filing of the petition. But the petitioner has filed this Writ Petition within 3 weeks of filing of the petition before the District Collector, ASR District."
4. From the above extract, it is clear that the District Collector, ASR District, has allotted the Gramakantham land of an extent of Ac.0.06 cents for construction of shopping complex in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed Scheduled Tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No.19, dated 05.01.2023 of the Executive Body of Pedalabudu Gram Panchayat, vide Proceedings Rc.No.13/2023/B3 dated 27.03.2023 of the District Collector, ASR District.
55. Taking into account the contents of the Written Instruction as stated above, this Court is of the opinion that there is no merit in the present Writ Petition. Accordingly, this Writ Petition is dismissed. No Order as to Costs.
6.Interlocutory Applications, if any, stand closed in terms of this order.
______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 23.01.2025 JKS 6 64 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 30673 OF 2024 23.01.2025 JKS