Andhra Pradesh High Court - Amravati
Morla Srinivasulu, vs State Of Andhra Pradesh, on 17 March, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.6914 of 2020
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the respondents in taking steps to evict the petitioner from the land admeasuring an extent of Ac.0.10 cents in Survey No.87/2 and an extent of Ac.0.05 cents in S.No.252/3 of Thurimerla village, Dagadarthi Mandal, SPSR, Nellore District, as illegal, arbitrary and without jurisdiction.
The Writ Petition is disposed of at the stage of admission with the consent of all the parties. Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue representing the respondent Nos.1 to 4 and Sri V.Vinodh Kumar Reddy, Standing Counsel representing respondent Nos.5 and 6.
The Writ Petitioner claims that he is in possession of land admeasuring an extent of 10 cents in S.No.87/2 and 5 cents in S.No.252/3 of Thurimerla village. He claims to have constructed a house adjacent to the said land and the Government has given him two cows and gave seeds for raising grass and to do organic farming. The learned counsel for the petitioner submits that the above mentioned land is classified as 'Gramakantam' in the revenue records and the land is in possession of the petitioner's family from ages. The learned counsel further submits that the 4th respondent without any authority or jurisdiction came to the above said site and erected a board stating that the above mentioned site is sought to be allotted for the purpose of house site pattas. The learned counsel submits that the land in question is classified as 'Gramakantam' land, the Government has no power or authority to deal with the said land which exclusively vests with the grama panchayath. While placing reliance on the 2 judgment of a Learned Single Judge of this Court dated 30.01.2020 in Writ Petition No.1675 of 2020, the learned counsel for the petitioner submits that the ratio laid down in the said judgment applies to the present case also in as much as 4th respondent without jurisdiction is interfering with the peaceful possession and enjoyment of the petitioner in respect of the land which is classified as 'Gramakantam'. In support of his contentions, the learned counsel also placed reliance on the Adangal dated 05.03.2020, wherein the land in S.No.87-2 is described as 'Gramakantam' etc., The learned Government Pleader and the learned Standing Counsel for the respondent Nos.5 and 6 have not controverted the ratio laid down by the Learned Single Judge in W.P.No.1675 of 2020.
As seen from the facts of the present case, it is not in dispute that the land in question is 'Gramakantam' land and it is deemed to have been vested in the grama panchayat unless a notification is issued under Section 58(2) of A.P.Panchayatraj Act, 1994 divesting the land on Government from gramapanchayat and as such, the respondents will have no jurisdiction in the matter. Though, the Learned Single Judge in the above referred judgment had dealt with the issues against the background of issuance of notice under Sections 7 and 6 of A.P.Land Encroachment Act, the ratio laid down is applicable in the context of 'Gramakantam' lands and the jurisdiction of the 4th respondent with regard to the lands vested in the grama panchayat.
In such view of the matter, following the ratio as laid down in W.P.No.1675 of 2020, the present Writ Petition is allowed.
Registry is directed to attach a copy of the order, dated 30.01.2020 in W.P.No.1675 of 2020 to this order.
There shall be no order as to costs of the Writ Petition. 3 Consequently, miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.
_______________________ NINALA JAYASURYA, J 17.03.2020 BLV 4 THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.6914 of 2020 17.03.2020 BLV