Andhra Pradesh High Court - Amravati
Duru Latchanna Dora vs The State Of Ap on 29 January, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
:PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI ARUP KUMAR GOSWAMY : AND THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR W.P.(PUBLIC INTEREST LITIGATION) NO: 190 OF 2020 Between: Duru Latchanna Dora, S/o. Duru Sanyasi Dora, Aged about 80 years, Pinakota, Pedakota Post 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, 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 Master, GTW Ashram School (boys), Pinakota, Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District, 10. Koval Foundation, Pinakota Ananthagiri Mandal, ITDA-Paderu, Visakhapatnam District OARO N co NI weve 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 Illu 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; 1A 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 direct the respondents 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 the Orders of the High Court dated 18.08.2020 & 14.10.2020 made herein and upon hearing the arguments of Sri. Thandava Yogesh Advocate for the Petitioner, GP for Panchayat Raj & Rural Development for Respondent No.1, GP for Education, for Respondent Nos.2, & 5, GP for Revenue for Respondent Nos.3 & 7, Sri |.Koti Reddy, Standing Counsel for Respondent Nos.6 & 8 and of GP for Social Welfare for Respondent Nos.4 & 9, the Court made the following. ORDER:
(Taken up through video conferencing) It is pointed by Mr.I.Koti Reddy, learned standing counsel for respondents No.6 & 8 as well as the learned Government Pleader for Panchayat Raj & Rural Development that the land involved in the present petition is a Government Land. However, the Tahsildar, Ananthagiri addressed a letter dated 01.07.2020 to the Government Pleader for Revenue stating that the land in question is "Badi Sthalam" (School land).
In view of the above, the Tahsildar, Ananthagiri, is directed to file an affidavit within a period of ten days from today. List on 15.02.2021.
Registry to reflect the name of the learned Government Pleader for Revenue in the cause list.
SD/-G.RINIVASA REDDY ASSISTANT RE ITTRUE COPY! For ASSISTANT REGISTRAR To, The Section Officer, Posting Section, High Court of A.P. One CC to SRI.THANDAVA YOGESH Advocate [OPUC] Two CCs to GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR EDUCATION, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] Two CCs to GP FOR SOCIAL WELFARE, High Court Of Andhra Pradesh. [OUT] One CC to Sri.l.Koti Reddy, Standing Counsel (OPUC) Two spare copies woONnN-> Doak oN HIGH COURT HCJ & CPKJ DATED: 29.01.2021 NOTE: LIST ON 15.02.2021 ORDER WP(PIL).No.190 of 2020 DIRECTION