Andhra Pradesh High Court - Amravati
Y. Uma Parvateesam 2 Others vs State Of Ap., Repby Dist Collector, Eg., ... on 12 November, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.2299 of 2008
ORDER:
1. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.
2. The petitioners stated that they are residents of Krishnunipalem, Gokavaram Mandal, East Godavari District. The land in Sy.No.167 (Old Sy.No.71) of Krishnunipalem Village is a Government Poramboke land, classified as Bandi Dari (cart track). The said cart track is the only way for ingress and egress to reach their lands in Sy.Nos.169 and 176 etc. The cart track is in vogue since times immemorial and such right is recognized in the survey and settlement operations conducted in 1929. The same was incorporated in survey and settlement records, in the diglot and 10(1) Account. But 5th respondent/Grama Panchayat passed a resolution in the Grama Sabha to construct houses for weaker sections of people under Indiramma Housing Scheme in the said land after leaving cart track portion in Sy.No.167 of Krishnunipalem Village. The assignees were poor people and houses are being constructed. Construction of houses is causing inconvenience to the petitioners and other users of the cart track rasta. The present writ petition is filed to declare the action of respondents in proposing to construct 2 houses for the weaker section of the people besides the cart track rasta passing through the land in Sy.No.167 of Krishnunipalem Village, as illegal and arbitrary.
3. This Court initially granted status-quo on 27.03.2008 with regard to the possession of the land, for a period of two weeks. Thereafter, the said status-quo order is not extended.
4. The 3rd respondent filed counter stating that the Government launched Indiramma Housing scheme to provide house sites to the poor people. In that connection, a Grama Sabha was convened on 06.02.2006 in Krishnunipalem Village, for selection of land and to issue house site pattas to the poor, under Indiramma Housing Scheme. The Grama Sabha resolved for selection of unused portion of cart track rasta in S.No.167 of Krishnunipalem Village. About 200 people of the village were selected and as per their willingness the said land was sub divided as two parts i.e., S.No.167/1 an extent of Ac.0-62 cents as cart track way and S.No.167/2 an extent of Ac.0-43 cents, selected for house site pattas. For cart track rasta, 18 to 20 feet land is left in Sy.No.167/1 for users, which is sufficient even for passage of Tractors and Lorries and for usage of the villagers to reach their lands. The houses are being constructed for the benefit of houseless poor people. The petitioners, who are said to be adjacent ryots of land in S.No.167, neither objected before passing the resolution by the Grama Sabha nor at the time of sub division 3 work and plotting the plots on the land. The petitioners are intentionally raising objection at the stage of raising the walls. The petitioners filed this writ petition without submitting any representation to the competent authority. There is no merit in the writ petition. Hence, the writ petition is liable to be dismissed.
5. Learned Assistant Government Pleader, based on counter filed by the 3rd respondent, submits that 18 to 20 feet in Sy.No.167/1 of Krishnunipalem is left for usage as cart track and the remaining land in Sy.No.167/2 was given for house sites and constructions were made. The said 18-20 feet is sufficient even for passage of Tractors and Lorries. Therefore, the petitioners will not have any difficulty to reach their lands.
6. In the light of the averments made in the counter filed by the 3rd respondent/Tahsildar, Gokavaram Mandal, East Godavari District, and having regard to the facts and circumstances of the case and submissions of both the learned counsel and on perusal of the record, this Court found that based on the resolution of the Grama sabha, the unused portion of the land in S.No.167 was selected for providing house site pattas to poor people under Indiramma Housing scheme. Thereafter, the land was sub-divided into Sy.Nos.167/1 and 167/2. The land, which is having width of 18 to 20 feet in Sy.No.167/1, is left for usage as court terrace, 4 which is sufficient even for passage of tractors and lorries. The remaining land in Sy.No.167/2 was given for house sites and constructions were made. The petitioners have not made out any case to grant the relief. Hence, the writ petition is devoid of any merit and is liable to be dismissed.
7. Accordingly, the writ petition is dismissed. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending shall stand closed.
___________________ M.GANGA RAO, J 12.11.2019.
sdp 5 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No.2299 of 2008 12.11.2019 sdp