Tirumala Setty Manohar, S/o. Tirumala Setty Ramaiah v. State of Andhra Pradesh, represented by its Principal Secretary
2021-03-20
ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
body2021
DigiLaw.ai
ORDER : C. PRAVEEN KUMAR, J. 1. This present petition came to be filed by way of Public Interest Litigation seeking issuance of Writ of Mandamus declaring the action of the Respondents in proposing to issue house site pattas to landless poor under the Navaratnalu – Pedalandariki Illu Scheme in Korlakunta Revenue Village of Chinnarajupodu Grampanchayat, Obulavaraipalli Mandal, YSR Kadapa District, in a land admeasuring Ac.4.00 cents in Survey No.850 of the said village as illegal, improper and incorrect and also violative of guidelines issued under G.O. Ms. No. 367 Revenue (Assignment-I) Department dated 19.08.2019. 2. The averments made in the affidavit, filed in support of the Writ Petition, show that the Petitioner is a farmer and resident of Yarraguntlakota Village. He owns an extent of Ac.5.17 cents of land and ekes out his livelihood by doing agriculture. According to him, he also raises live stock for living and take them for grazing, to the lands in dispute. According to him, land admeasuring Ac.32.20 cents situated in Survey No. 850 was classified as ‘Metha Beedu / Grazing Ground’ and the same is earmarked for grazing of live stock in the village. The status of the land in revenue records was also shown as grazing ground. The said land is said to be in the list of prohibited properties, issued by the Government, under Section 22-A of the Registration Act, 1908. But, out of Ac.32.20 cents, some extent of land was allotted as graveyard to the villagers and another extent of Ac.10.00 cents was allotted to ZP High School, where a school building has been constructed. The averments in the affidavit also show that a portion of the land was allotted as house sites to backward class people, who have constructed houses. The remaining land is being used as grazing land for the live stock. 3. While things stood thus, the 4th Respondent started clearing the land with the help of JCB. On enquiry, it was disclosed that the land is being given as house sites to landless poor persons under the Government scheme. Hence, the present Writ Petition is filed seeking a direction to the authorities not to distribute the said land under the Navaratnalu – Pedalandariki Illu Scheme. 4.
On enquiry, it was disclosed that the land is being given as house sites to landless poor persons under the Government scheme. Hence, the present Writ Petition is filed seeking a direction to the authorities not to distribute the said land under the Navaratnalu – Pedalandariki Illu Scheme. 4. A counter came to be filed by the District Collector, Kadapa District, disputing the averments made in the affidavit filed in support of the Writ Petition except to the extent admitted by him. In paragraph No. 6 of the counter, it has been stated as under: “6. It is submitted that during the enquiry and inspection it reveals that as per R.S.R. the land in Survey No. 850/1 extent 32.20 acres of Korlakunta (V) is classified as “Grazing Ground” and the land in Survey No. 317 extent 55.27 acres of Y. Kota (V) is classified as “Dotted Land”. The lands are situated very adjacent to the Chennarajupodu Habitation. The soil of the land is hard soil, suitable for construction of house sites under “Navaratnalu – Pedalandarikiillu.” 5. From the above, it is very clear that the land in dispute is classified as grazing land. This fact is not disputed by the learned Government Pleader. It may be true that the Government has come up with a laudable scheme of providing house site pattas to landless poor persons, but at the same time, one has to preserve the lands earmarked for a particular purpose in the village, where admittedly most of the villagers eke out their livelihood on live stock as well and invariably in all villages, large extents of land are earmarked as grazing ground. 6. In view of the averments made in the counter, referred to above, the Writ Petition is allowed directing the respondent authorities not to alienate Ac.4.00 cents of land situated in Survey No. 850 of Korlakunta Village, towards house site pattas to landless poor under the Navaratnalu – Pedalandariki Illu scheme. No order as to costs. 7. All the pending miscellaneous applications; if any, are closed.