Andhra Pradesh High Court - Amravati
K. Srinivasulu vs The State Of Andhra Pradesh on 21 December, 2020
[ 2692] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPCIAL ORIGINAL JURISDICTION) MONDAY, THE TWENTY FIRST DAY OF DECEMBER, TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION NO: 24387 OF 2020 1. K. Srinivasulu, S/o. Singaiah, 2. Divi Venugopal, S/o. Venkateswarlu, 3. Makkena Sundara Rao, S/o. Venkata Swamy, 4. Makkena Tirupathi Swamy, S/o. Venkatapathi 5. Makkena Singaiah, S/o. Venkata Subbaiah, 6. Podapati Veeraiah, S/o. Seshaiah, 7. Makkena Ramabrahmam, S/o. Kotaiah, Tippineedi Brahmaiah, S/o. Subbaiah, . Divi Srinivasulu, S/o. Krishnaiah, 0. Makkena Ramaiah, S/o. Subbaiah, Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development(Pts.11) Department, Secretariat Building, Velagapudi, Tullur Mandal, Guntur District. The State of Andhra Pradesh; Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati. N 3. The District Collector, Prakasam District. Ongole. 4. The Revenue Divisional Officer, Ongole, Prakasam District. 5. The Tahsildar, Ongole Mandal, Prakasam District. 6. The Mandal Parishat Development Officer, Ongole Mandal, Prakasam District. 7. The Special Officer, Sarvereddipalem Grama Panchayat, Ongole Mandal, Prakasam District. 8. The Sarvereddipalem Grama Panchayat, Rep. by its Panchayat Secretary, Sarvereddipalem Village, Ongole Mandal, Prakasam District. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the impugned G.O.Ms.No. 558, Panchayat Raj and Rural Development (Pts. II) Department, dated 02-03-2020 issued by the 1st Respondent, de-notifying Bandidari, Kalidari, Donka, Gayalu, Road Poramboke, Konda gutta Poramboke, Rathistalamu, Payikana, Banjaru, Taluka Board President etc., depriving the right of easement as provided under Seciton 18 of the Easements Act and consequential action of the Respondents 3 to 8 in constructing Sarvereddipalem Village Secretariat, Rythu Barosa Kendram and Primary Health Centre in an extent of Ac. 0.20 cents out of Ac. 5.61 cents in Sy.No. 43 of Sarvereddipalem Village, Ongole Mandal, Prakasam District and also trying to assign the remaining land to the houseless poor people under the "Pedalandariki Illu Scheme" which was classified as Mandabayalu in the Estate Revenue Records of Sarvereddipalem Village, being illegal, arbitrary, without jurisdiction, contrary to BSO 15(4), besides violation of Art.14, 19(g) and 21 of the Constitution of India and is contrary to the law laid down by the Honble Apex Court and (i) consequently set aside the impugned G.O.Ms.No.558, Panchayat Raj and Rural Development (Pts. I!) Department, dated 02-03-2020 and (ii) to restrain the Respondent Nos. 3 to 8 in constructing the Sarvereddipalem Village Secretariat, Rythu Barosa Kendram and oO 2 4 Primary Health Centre in an extent of Ac. 0.20 cents out of Ac. 5.61 cents in Sy.No. 43 of Sarvereddipalem Village, Ongole Mandal, Prakasam District and (iii) (iii) also direct the Respondents not to assign the remaining land to the - houseless poor people under the-Pedalandariki Illu Scheme. IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased to direct the Respondent Nos. 3 to 8.to stop the construction of the Sarvereddipalem Village Secretariat, Rythu Barosa Kendram and Primary Health Centre in an extent of Ac. 0.20 cents out of Ac. 5.61 cents in Sy.No. 43 of Sarvereddipalem Village, Ongole Mandal, Prakasam District, pending disposal of WP 24387 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Madhava Rao Nalluri, Advocate for the Petitioners, and GP for Panchayat Raj for Respondent No.1, and GP for Revenue for Respondent Nos 2 to 5, and Sri VinodhK. Reddy Standing Counsel for Respondent Nos 6 to 8, the Court made the following ORDER:
Learned Assistant Government Pleader for Panchayat Raj representing the main answering respondent No.1, learned Assistant Government Pleader for Revenue representing the respondents No.2 to 5S and Sri Vinodh K. Reddy, learned Standing Counsel representing the respondents No.6 to 8 are present.
Considering the submissions made, the documents filed and the case law on the subject, which is annexed as material papers, this Court is of the opinion that the petitioners have made a prima facie case. The land is classified as 'grazing ground'. In line with the judgments of the Supreme Court, which are filed, this Court is of the opinion. that the petitioners are entitled to an order.
Learned Government Pleader also seeks time to file counter till 28.12.2020.
Till that date, there shall be an order in I1.A.01 of 2020, restraining the respondents from constructing the buildings in an extent of Acs.0.20 cents out of Acs.5.61 cents in Survey No.43 of Sarvereddipalem village, Ongole Mandal, Prakasam District.
_Sd/-M.Suryanadha ddy
- ASSISTAN REGISTRAR TRUE COPY!// SECTION OFFICER For ASSISTANT REGISTRAR NOOaARWO N oo
9. . The Principal Secretary, Panchayat Raj and Rural Development(Pts.II) Department, State of A.P., Secretariat Building, Velagapudi, Tullur Mandal, Guntur District.
The Principal Secretary, Revenue Department, State of A.P., Secretariat Buildings, Velagapudi, Amaravati. The District Collector, Prakasam District. Ongole. The Revenue Divisional Officer, Ongole, Prakasam District. The Tahsildar, Ongole Mandal, Prakasam District. The Mandal Parishat Development Officer, Ongole Mandal, Prakasam District. The Special Officer, Sarvereddipalem Grama Panchayat, Ongole Mandal, Prakasam District.
The Panchayat Secretary, Sarvereddipalem Grama Panchayat, Sarvereddipalem Village, Ongole Mandal, Prakasam District.
(Addressee Mps 1 to 8 BY RPAD) Two CCs to GP for Panchayat Raj, High Court of A.P., at Amaravati (OUT)
10. Two CCs to GP for Revenu, High Court of A.P., at Amaravati (OUT)
11.One CC to Sri Vinodh K. Reddy, Standing Counsel (OPUC)
12.One CC to Sri Madhava Rao Nalluri, Advocate (OPUC)
13.One spare copy Skm HIGH COURT DVSS,J DATED:21/12/2020 ORDER WP.No.24387 of 2020 DIRECTION 44 JAN anne One