Andhra Pradesh High Court - Amravati
Anke Kollayappa vs State Of Andhra Pradesh on 18 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE Mr.JUSTICE C.PRAVEEN KUMAR
Writ Petition (PIL) No.39 of 2020
(Through video conferencing)
Anke Kollayappa, S/o Mutyalappa,
Aged about 54 years, Occ : President,
Bahujana Samaj Party,
Ananthapuramu Constituency,
Residing at 2-258, Vimala Farook Nagar,
Rudrampeta, Ananthapuramu,
Ananthapuramu District .. Petitioner
Versus
State of Andhra Pradesh,
Rep. by its Principal Secretary of
Revenue Department, Secretariat,
Amaravati & 5 Others .. Respondents
Counsel for the Petitioner : Mr.Goalla Seshadri
Counsel for Respondent No.1 to 4 : G.P. for Revenue
Counsel for Respondent Nos.5 & 6 : Mr.V.Vinod K.Reddy,
Standing Counsel for Z.P.,
M.P.D.O. and G.P.
JUDGMENT
Dt : 18.02.2021
(per C.Praveen Kumar, J)
1. The present Writ Petition, in the form of Public Interest Litigation,
is filed by one, Anke Kollayappa claiming to be a public spirited individual
and also working as President of Bahujana Samaj Party.
2. A reading of the averments in the affidavit filed in support of the
Writ Petition show that land admeasuring Ac.14.14 cents in Sy.No.82-2A
and Ac.4.77 cents in Sy.No.86-2 situated at Kakkalapalli Revenue Village,
Rudrampeta Gram Panchayat, Ananthapuramu Rural Mandal, is being
encroached by some anti-social elements and that no effort is being made
by the Government to protect the said land. He further submits that
about 200 families, who are houseless, have erected temporary sheds in
the said land to lead their life. But, however, the authorities, after
evicting them from the said land, are allowing some private persons to
encroach upon the said land and raise constructions. The averments also
show that a representation, dated 16.10.2019, was made to the Tahsildar
bringing to his notice the alleged encroachments by some private persons.
A reading of the letter, dated 09.01.2020, indicates that local M.L.A.
promised the persons, who erected the huts in the said land, with house
site pattas. The inaction on the part of the respondents in protecting the
said land lead to filing of this Public Interest Litigation.
3. On 04.03.2020, this Court ordered the parties to maintain status
quo as it exists on that day until the next date. Subsequently, the District
Collector, Ananthapur, filed his counter-affidavit denying the averments
made in the affidavit filed in support of the Public Interest Litigation. But,
however, in paragraph Nos.3 & 4 of the counter, it has been stated as
under :
"3. In reply to Para-IV (a) of the affidavit, it is submitted that while
inspected the land certain persons have constructed houses in the land and
the remaining land is vacant at present. However, suitable action will be
taken up immediately to the encroachers in the schedule land by issuing
notices under 7 and 6 of A.P. Land Encroachment Act, 1905. Further,
house sites will be provided to them if they are house less poor and eligible
persons in other suitable place.
4. In reply to Para-IV (b) of the affidavit, it is submitted that it is fact that
the schedule lands are classified as Vanka Poramboke as per the
Re-Settlement Register of Kakkalapalli Village, Ananthapuramu Mandal. As
per the online Adangal Register for the current fasli, the land is noted as
"Government Land".
4. From the above two paragraphs it is clear that land was classified
as 'Vanka Poramboke', as per the Re-Settlement Register of Kakkalapalli
Village, Ananthapuramu Mandal. Further, as per the online Adangal
Register for the current fasli, the land is noted as 'Government Land'.
5. Learned Government Pleader for Revenue submits that appropriate
action will be taken immediately against encroachments on the schedule
lands by issuing notice under the Andhra Pradesh Land Encroachment Act,
1905. It is further stated that house sites will be provided to those poor
persons who are evicted from the said land, as per their eligibility, and
necessary steps are being taken in that regard.
6. In view of the above, we feel that nothing survives for adjudicating
in this Public Interest Litigation, which fact is not seriously disputed by
Mr.Goalla Seshadri, learned counsel appearing for the petitioner.
However, it is needless to mention that if any encroachments or
unauthorized constructions are made in the said land, the concerned shall
take action in accordance with law.
7. Accordingly, the Writ Petition stands closed. No order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
skmr
