Andhra Pradesh High Court - Amravati
Adapa Kanthamma vs State Of Andhra Pradesh, on 28 July, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14460 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents in interfering and trying to disposes/evict from Gramakantam land of the petitioners situated in Sy.No.10/1 of Neelapuram Revenue Village, Burja Mandal, Srikakulam District for the purpose of Bulk Milk Kendram by Amul Product without issuing any notice, without following due process of law is illegal, arbitrary, without jurisdiction colorable exercise of power, violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of Constitution of India and pass such other orders...."
The case of the petitioners is that 1st petitioner is mother, petitioners 2 to 4 are brothers; 5th petitioner is vendee of the 1st petitioner. The petitioners are absolute owners and possessors of the Gramakantam land. The petitioners acquired the subject land by inheritance from their father and mother/ 1st petitioner by succession. Since then the petitioners have been possession and enjoyment of the same. While the matter stood thus, the respondents 5 and 6 and their staff came to the petitioners land and measured the land for the purpose of establishment of „Bulk Milk Kendram‟ by Amul Product. Therefore, the petitioners approached the respondents 5 and 6, who informed that as per instructions of 3rd respondent, the petitioners has to vacate the land without any notice or called for any explanation from the petitioners which is illegal, arbitrary and hence the petitioners questioned the inaction of the respondents and sought for a direction as stated supra.
Whereas learned Assistant Government Pleader for Revenue contended that Gram Panchayat is competent to exercise control over 2 all public roads, poramboke etc., in terms of Section 53 of A.P Panchayat Raj Act, without impleading Gram Panchayat, writ petition 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.
Undisputedly, petitioner is in possession of subject land, notice under Section 7 of the Act was issued, thereafter passed order under Section 6 of the Act. However, as per revenue records, 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 in G.O.Ms.No.187, dated 27.05.2015 issued based on orders in W.P No.553 of 2012, dated 09.07.2012 between Nagarala Nirvasithula Welfare Association v. The Government of A.P 1where 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 1 2007 (4) ALD 374 3 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 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 from Gram panchayat, vesting on Government. But no such notification is brought to the notice of this court, till date. Hence, respondents have no jurisdiction to take steps to evict the petitioners, 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, notice under Section 7 and Section 6 of the Act, by respondents is without jurisdiction and the same is liable to be set aside.
In the result, the writ petition is disposed of, declaring the same as illegal and arbitrary, leaving it open to the Gram Panchayat to take appropriate steps. There shall be no costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 28.07.2021 KK 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO. 14460 OF 2021 Date: 28.07.2021 KK