Andhra Pradesh High Court - Amravati
Duru Latchanna Dora vs The State Of Ap on 18 August, 2020
Bench: Jitendra Kumar Maheshwari, D Ramesh
[ 3253 ] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE CHIEF JUSTICE SRI.JITENDRA KUMAR MAHESHWARI THE HONOURABLE SRI JUSTICE D RAMESH AND : DN OAS W.P.(PUBLIC INTEREST LITIGATION) NO: 190 OF 2020 Between: Duru Latchanna Dora, S/o. Duru Sanyasi Dora, Age. 80 years, Pinakota, Pedakota Post "7 Ananthagiri Mandal, Visakhapatnam District, Andhra Pradesh-531030 ....Petitioner AND 1. The State of Andhra Pradesh, Rep by its Secretary, Panchayat Raj Department, Secretariat, Amaravathi, Guntur. State of Andhra Pradesh, Rep by its Secretary, School Education Department, Secretariat, Amaravathi, Guntur The District Collector, Visakhapatnam District, Project Officer, ITDA-Paderu, Visakhapatnam District, The District Educational Officer, Visakhapatnam District, Manda! Parishad Development Officer, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, Tahsildar, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, The Panchayat Secretary, Pinakota, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, 9. The Head Master, GTW Ashram School (boys), Pinakota, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, 40. Koval Foundation, Pinakota Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District N Ook & co N weeeee Respondents Petition under Article 226 Constitution of India praying that in the circumstances stated in the affidavit filed in this petition, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in allocating house sites under Pedalandariki IIlu Scheme and starting construction of Panchayat Secretariat building and allowing construction of Koval Foundation building in land of Government Tribal Welfare Ashram (GTWA) School, Pinakota in Survey Number.19-4 to an extent of Ac.03.76 cents which is donated by Smt.Siragam Varahalamma for the purpose of School, despite there are many Gramkantam lands and Banjar lands in the Pinakota village, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District is illegal, arbitrary and violation of Articles 14, 21A, and Article 21 of the Constitution of India, and violation of S.4(d) and (e) of Panchayat Extension to Scheduled Areas (PESA) Act, 1996 and consequently Direct the Respondents not to use the GTWA School, Pinakota lands in Survey Numbers.19-4, 45-1, 49-3 totaling an extent of Ac.13.54 Cents in Pinakota village, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, for any other purpose other than school buildings, play grounds, future expansion of school or any other school purpose; IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all the activates including allocating house sites under "Pedalandariki Illu Scheme" and construction of Panchayat Secretariat building in lands of Government Tribal Welfare Ashram (GTWA) School, Pinakota in Survey Number.19-4 to an extent of Ac.03.76 cents, pending disposal of the Writ Petition (PIL) 190 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.THANDAVA YOGESH Advocate for the Petitioner, learned GP for PANCHAYAT RAJ & RURAL DEVELOPMENT for Respondent No.1, the Court made the following. ORDER:
(Taken up through video conferencing) Sri Thandava Yogesh, learned counsel for the petitioner.
Government Pleader for Panchayat Raj & Rural Development appears for respondent No.1.
This Public Interest Litigation has been filed inter alia contending that some private land, which was given to the Government Tribal Welfare Ashram (GTWA) school for the purpose of residential accommodation and educational activities for the students, is being allotted as house sites under the scheme 'Navarathnalu -- Pedalandariki IIlu'. It is further contended that the land allotted by the Government or any private land donated to the educational institution for the purpose of educational activities cannot be used for any other purpose.
We have experienced that number of cases came up before this Court in which either the land belonging to the colleges or schools or the land meant for the residential accommodation of Scheduled Caste and Schedule Tribe students has been proposed to be allotted as house sites under the scheme 'Navarathnalu
-- Pedalandariki Illu'.
Considering the same, we deem it appropriate to extend the scope of this Public Interest Litigation to all the lands of Education Department and Social Welfare Department in the entire State.
Accordingly, we direct that the lands of the Educational Institutions of Higher Education/School Education and Social Welfare Department in the entire State, which are meant for the purpose of educational and residential activities of the students, shall not be used for allotment of house sites under the scheme 'Navarathnalu -- Pedalandariki Illu'. In case of any violation, the Chief Secretary of the Government and the District Collectors of the respective Districts would be responsible for the same.
The State Government to file reply in this petition within a period of eight weeks.
List after eight weeks.
Copy of this order be circulated to all the Hon'ble Judges for reference.
Let copy of this order be sent to the Chief Secretary and the Collectors of all Districts by the Registrar (Judicial). Aa SD/- K. TATA RAO ASSISTANT REGISTRAR Ld neooe of f For ASSISTANT R GISTRAR JITTRUE COPY! To,
4. The Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur. The Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur The District Collector, Visakhapatnam District, Project Officer, ITDA-Paderu, Visakhapatnam District, The District Educational Officer, Visakhapatnam District, Mandal Parishad Development Officer, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, Tahsildar, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, The Panchayat Secretary, Pinakota, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District,
9. The Head Masier, GTW Ashram School (boys), Pinakota, Ananthagiri Mandal, {TDA-Paderu, Visakhapatnam District,
40.Koval Foundation, Pinakota Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District (1 to 10 by RPAD)
41.The Registrar (Judicial), High Court of Andhra Pradesh. (for getting circulation of this order to all the Hon'ble Judges of High Court of A.P. for reference and sending copies to the Chief Secretary and the Collectors of all Districts of A.P.)
42.One CC to SRI.THANDAVA YOGESH Advocate [OPUC]
43. Two CCs to GP FOR PANCHAYAT RAd & RURAL DEVELOPMENT, High Court Of Andhra Pradesh. [OUT]
44.Two CCs to GP FOR EDUCATION, High Court Of Andhra Pradesh. [OUT]
45.Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
46.Two CCs to GP FOR SOCIAL WELFARE, High Court Of Andhra Pradesh. [OUT]
47. Two spare copies SRL Nm Doh & co N HIGH COURT HCJ & DRJ DATED:18/08/2020 NOTE: LIST AFTER EIGHT WEEKS ORDER WP(PIL).No.190 of 2020 DIRECTION [go EE ne ' NEF
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