Andhra Pradesh High Court - Amravati
Mallareddy Kumar vs The State Of Andhra Pradesh, on 6 May, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
HONOURABLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.7929 of 2020
ORDER:(Heard and pronounced through BlueJeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic) Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and with their consent this Writ Petition is disposed of at the stage of admission.
This Writ Petition is filed seeking to declare the action of the respondents in proposing to assign house site plots to third parties situated in Sy.No.46 and 56/2 in Ekaveedhi, Main Road of Mandava village, Srikakulam District as illegal, arbitrary, violative of principles of natural justice and consequently direct the respondents not to take possession of petitioner's land situated in Sy.Nos.46 and 56/2 in Ekaveedhi, Main Road of Mandava village, Srikakulam District, and pass such other order as may deem it proper.
In the present Writ Petition the writ petitioners asserts rights/interest over their respective properties as per the details furnished in the affidavit filed in support of the Writ Petition and submits that as the respondents, more particularly, respondents 3 and 4 are visiting their lands and clearing the cattle sheds and thrashing fields etc., on the premise that the house sites have to be allotted to some persons, without any notice, they are constrained to file the present writ petition.
When the matter was taken up for consideration, the learned Assistant Government Pleader for Revenue, on instructions, submits that the lands in question are Gramakantam lands and in view of the same it is 2 for the appropriate authorities to act in the matter in terms of Judgment of a learned single Judge of this Court in W.P.No.1675 of 2020 dated 30.01.2020.
Since it is stated by the learned Assistant Government Pleader that the lands in question are Gramakantam lands, the respondent authorities have no jurisdiction over the same and at best the Grama Panchayat alone is competent to deal with the Gramakantam lands, as the same are deemed to have been vested in it by virtue of Section 53 of A.P. Panchayat Raj Act and G.O.Ms.No.187, dated 27.05.2015 as opined by a Learned Single Judge of this Court in W.P.No.1675 of 2020, dated 30.01.2020. The learned single Judge looking into the facts and circumstances of the said writ petition has allowed the same.
Be that as it may, in view of the submissions made by learned Assistant Government Pleader, this Court is inclined to dispose of the present Writ Petition with an observation that it is to the Gramakantam to initiate any steps with regard to lands in question which are stated to be Gram Panchayat lands, if circumstances so warrant and respondents cannot exercise any jurisdiction in respect of the same.
Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. No order as to costs.
______________________ NINALA JAYASURYA, J Date: 06.05.2020 AKC 3 HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.7929 of 2020 Dt: 06.05.2020 AKC