IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. NINALA JAYASURYA
WRIT APPEAL No.1010 OF 2022
The Cosmopolitan Recreation Society,
D.No.2-274, Sri Ram Nagar,
Kothapeta Village and Mandal,
East Godavari District,
Represented by its Secretary,
Galidevara Pullaiah Naidu,
S/o Ramakrishna Rao, aged about 50 years,
R/o D.No.7-158, Kothapeta Village and Mandal,
East Godavari District
..Appellant
Versus
State of Andhra Pradesh,
Represented by its Principal Secretary,
Roads and Buildings Department,
Secretariat, Vellagapudi,
Guntur District and others
...Respondents
ORAL JUDGMENT Dt:15.12.2022 (per Prashant Kumar Mishra, CJ)
1. This writ appeal would call in question the order dated 18.11.2022 passed in W.P.No.3525 of 2021 by the learned single Judge dismissing the writ petition preferred by the writ petitioner questioning the proceedings of respondent No.3 vide Letter No.333/2645/ATO/TO/2018-21 dated 06.01.2021 cancelling the permission granted to the petitioner-society on 26.04.2018 for utilizing the land admeasuring Ac.0.80 cents in R.S.No.640/1B2 of Kothapeta 2 Village and Mandal, East Godavari District for parking. The writ petitioner is the appellant before us.
2. The material papers available on record would indicate that vide Letter No.333/2645/ATO/TO/2018 dated 26.04.2018 the writ petitioner was permitted to utilize the R & B land for outdoor games, parking etc., to an extent of Ac.0.80 cents in R.S.No.640/1B2 of Kothapeta Village adjoining to the premises of BC Convention Hall, Kothapeta on the following conditions:
"(1) The Cosmopolitan Recreation Society, Kothapeta, shall not claim any legal right on the above (R&B) vacant site.
(2) The Cosmopolitan Recreation Society, Kothapeta, shall not construct any permanent/temporary structures in the said land supra of the R&B Department.
(3) The Cosmopolitan Recreation Society, Kothapeta, is informed that, whenever the (R&B) Department requires the said site, the society shall vacate the said land immediately not exceeding seven (07) days time from the date of intimation given to the society by the R&B Department for developing the R&B site or any other purpose."
3. Under the impugned proceedings vide Letter No.333/2645/ ATO/TO/2018-21 dated 06.01.2021 it is informed to the petitioner that as per the representation received from the Assistant Executive Engineer (R&B) Section, Kothapeta and from the Deputy Executive Engineer (R&B) Sub-division, Kothapeta, the Government has decided to safeguard the Government land and requested the petitioner to 3 handover the site to the Deputy Executive Engineer (R & B) Sub- division, Kothapeta.
4. It is argued that the permission for utilisation of the land was granted on certain conditions including the one wherein the official respondents were entitled to get it vacated whenever the State required the said site. According to the petitioner, there is nothing in the impugned proceedings dated 06.01.2021 that the State required the site for any genuine need, therefore, the order requiring the petitioner to vacate the subject land is not within the permissible terms of the letter of utilisation dated 26.04.2018. It is also argued that the writ petitioner has not been put on notice before issuing impugned proceedings dated 06.01.2021, therefore, there is violation of principles of natural justice.
5. In the letter dated 06.01.2021, the petitioner has been informed that the Government wants to safeguard the Government land, therefore, it has decided to get the land vacated. Securing its own land can also be said to be the requirement for which the Government can get the land vacated. If there is threat of Government land being encroached, nothing prevents the Government to secure its own land. Moreover, the letter dated 26.04.2018 permitting the petitioner to utilize the land is in the shape of a license without payment of any charges or licensee fee. Therefore, no right is created in favour of the 4 petitioner to remain in occupation of the land if the authority who permitted the petitioner does not wish to continue such permission.
6. Learned single Judge has rightly refused to interfere with the matter.
7. Accordingly, the writ appeal is dismissed. No costs. All pending miscellaneous applications shall stand closed. However, the appellant - writ petitioner is allowed 30 days' time from today to vacate the subject land.
PRASHANT KUMAR MISHRA, CJ NINALA JAYASURYA, J Ksp