ORDER : C.Praveen Kumar, J. 1. The present Public Interest Litigation is filed by one Duru Latchanna Dora, resident of Pinakota, questioning the action of the respondents in allotting house sites under ‘Pedalandariki Illu scheme”; construction of a Secretariat building and also allowing construction of Koval Foundation building in the land belonging to Government Tribal Welfare Ashram School, Pinakota in Sy.No.19-4 admeasuring Ac.03.76 cents, as illegal, arbitrary and incorrect. 2. The averments in the affidavit filed in support of the petition show that the mother-in-law of the petitioner, by name, Smt. Siragam Varahalamma donated her private land in Sy.No.19-4 admeasuring Ac.03.76 cents in Pinakota Village, Ananthagiri Mandal, Visakhapatnam District to the school which was subsequently upgraded as Government Tribal Welfare Ashram (GTWA) School. It is said that besides the mother-in-law of the petitioner, two other persons/owners have also donated land in Survey No.45-1 and 49-3 to GTWA School. It is said that the land, which is in possession of the school, is sought to be used to promote education in Government School. It is further averred that another building is raised by Koval Foundation in the very same survey number without any permission from any authorities. Hence, the present Writ Petition, seeking to declare the action of the respondents in allotting house sites under ‘Pedalandariki Illu scheme”; construction of a Secretariat building and also allowing construction of Koval Foundation building in the land belonging to Government Tribal Welfare Ashram School, Pinakota in Sy.No.19-4 admeasuring Ac.03.76 cents, as illegal, arbitrary and incorrect. 3. Sri Tandava Yogesh, learned counsel for the petitioner, submits that though land was given by the mother-in-law of the petitioner for promoting education in the village, but the authorities are misusing the same by converting the said land into house sites and distributing the same to the landless poor persons. In support of the above, the learned counsel for the petitioner relies upon the letter dated 06.02.2020 written by the 9th respondent to the Project Officer, ITDA, Paderu. He further submits that one NGO, by name, Koval Foundation, has also constructed a building without permission from any authorities. He took us through the material filed by him to show that it is a private land gifted by the mother-in-law of the petitioner. 4. Counters came to be filed by the respondents disputing the averments made in the affidavit filed in support of the writ petition. 5. He took us through the material filed by him to show that it is a private land gifted by the mother-in-law of the petitioner. 4. Counters came to be filed by the respondents disputing the averments made in the affidavit filed in support of the writ petition. 5. Respondent No.1 filed his counter disputing the location of the school in Sy.No.19/4. According to him, there is a road in between the said school and the subject land, which virtually divides the land belonging to the school from Government land. It is further stated that no material has been placed on record to show that the mother-in-law of the petitioner has gifted the land to the school. 6. In the letter addressed by the 9th respondent to the Project Director, ITDA, Paderu, it has been stated that the vacant land of the school in Sy.No.19/4 is being allotted as house sites by the Tahsildar and when questioned, it was informed that the same is being done at the instance of the District Collector. But, it is to be noted that the said letter came to be written without ascertaining the fact as to whether the land in Sy.No.19/4 belongs to GTWA School, donated by Siragam Varahalamma, or to the Government. The sketch map prepared by the Tahsildar, Ananthagiri, which is filed along with the counter, goes to show that the school and its open ground are situated in Sy.Nos.45/1, 49/1, 49/2, 49/3 & 49/5, whereas the construction of Village Secretariat is being carried out in Sy.No.19/4. Having regard to the above fact and the documents filed along with the counter, it is pleaded by the 1st respondent that both the lands are different and the allegation of school land being encroached upon or alienated as house sites, is improper and incorrect. 7. Respondent Nos.6 and 8 filed their counter stating that there is no material on record to show that the mother-in-law of the petitioner, by name, Smt. Siragam Varahalamma donated her private land admeasuring Ac.3.76 cents in Sy.No.19-4. In para 3 of the counter it is categorically stated that GTWA School, Pinakota, is situated in an extent of Ac.8.50 cents in Sy.Nos.49/1 to 3 & 5 which is on the eastern side of Devarapalli to Pinakota R&B road, whereas the land in Sy.No.19-4 admeasuring Ac.3.76 cents is situated on the western side of the R&B road. In para 3 of the counter it is categorically stated that GTWA School, Pinakota, is situated in an extent of Ac.8.50 cents in Sy.Nos.49/1 to 3 & 5 which is on the eastern side of Devarapalli to Pinakota R&B road, whereas the land in Sy.No.19-4 admeasuring Ac.3.76 cents is situated on the western side of the R&B road. It is stated that in the said land a building was constructed in Ac.0.05 cents. As per the contents of the counter filed, the Tahsildar is said to have identified the vacant land admeasuring Ac.0.10 cents for construction of Village Secretariat building and handed over the same to this respondent for construction of a building. 8. The 7th respondent – Tahsildar filed his counter, wherein he stated that Village Pinakota was bifurcated from Chodavaram Taluq and tagged to Araku Taluk (formed in 1981) and then to Ananthagiri Mandal on formation of New Revenue Mandals in 1985. It is stated that as per the Settlement Fair Adangal of Pinakota Village, the land in Sy.No.19/4 is classified as Government Poramboke and no cultivable land is involved. It is further stated that the Ashram School is located in Sy.Nos.49/3 and 45/1, in a land admeasuring Ac.9.02 cents, at the time of conducting settlement operations in the village in the year 1982. The averments in the affidavit further show that though in the remarks column of the Settlement Fair Adangal it is mentioned as “Badi Sthalam”, but, in fact, the land is classified as Poramboke land in all revenue records and is in the possession of the revenue department. It is further stated that land belonging to Ashram School and the present disputed Government land are separated by a road which form part of Sy.Nos.50 and 51. Paragraph 5 of the affidavit give details of the land where the school is located, which is as under : Sl. No. Sy. No. Classification Extent Ac. Cts. Pattadar name Remarks 1. 45/1 Poramboke 8.50 Poramboke Ashram Patasala Sthalam 1. 49/1 Sarkar Punja 0.40 Siragam Nagulamma W/o. Veerabhadra Raju 2. 49/2 Sarkar Punja 0.30 Siragam Matyaraju S/o. Matruraju Varahalamma Minor Guardian 3. 49/3 Poramboke 1.28 Poramboke Ashram Patasala Sthalam 4. No. Sy. No. Classification Extent Ac. Cts. Pattadar name Remarks 1. 45/1 Poramboke 8.50 Poramboke Ashram Patasala Sthalam 1. 49/1 Sarkar Punja 0.40 Siragam Nagulamma W/o. Veerabhadra Raju 2. 49/2 Sarkar Punja 0.30 Siragam Matyaraju S/o. Matruraju Varahalamma Minor Guardian 3. 49/3 Poramboke 1.28 Poramboke Ashram Patasala Sthalam 4. 49/5 Sarkar Punja 2.46 Siragam Basavaraju S/o. Sanyasiraju Siragam Jagannadha Raju It is further stated that apart from Grama Sachivalayam building land, land admeasuring Ac.0.05 cents was allotted to a Non-Governmental organization, which has raised a building, which is adjacent to the Village Secretariat. 9. In view of all the above circumstances, it is urged by the respondents that the allegation of Government land being used for construction of a Grama Sachivalayam is incorrect. It is further submitted that though an NGO by name Koval Foundation has raised a building and is functioning from the said premises since long time, no objection has been raised towards allotment of land for such building at the earliest point of time. Even in respect of the present building, objection came to be raised at the stage when the roof of the second floor of the building was laid. However, the contents of the counter filed by the 7th respondent show that alternate land for distribution of house sites in some other Government land has been identified, which fact is not disputed by the counsel for the petitioner. 10. Therefore, from the averments in the counter and the material filed, it is evident that there is no evidence on record to show that the land was gifted/donated by the mother-in-law of the petitioner. Secondly, the materials filed before the Court clearly establish that the land where the school is situated and the land where the Village Secretariat is being constructed are in different survey numbers and both are separated by a road. Apart from that, adjacent to the Village Secretariat, an NGO has raised a building and no steps are taken for its removal till filing of this PIL. If really the disputed land is a school land and NGO building has been raised in the said school, definitely every effort would have been made to prevent construction of the said building in the said premises at the earliest point of time. 11. If really the disputed land is a school land and NGO building has been raised in the said school, definitely every effort would have been made to prevent construction of the said building in the said premises at the earliest point of time. 11. Having regard to all the circumstances and since alternate land has been identified for giving house site pattas to landless poor persons under ‘Pedalandariki Illu Scheme” and as the materials on record show that this is a Government Poramboke land being in possession of the Government, we see no reason to grant the relief claimed by the writ petitioner in W.P. (PIL) and accordingly this PIL is closed. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.