Andhra Pradesh High Court - Amravati
Gangavarapu Venkateswarlu vs .The State Of Andhra Pradesh on 20 July, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13918 of 2021
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking the following relief:-
"...pleased to issue an appropriate Writ Order or Direction more
particularly one in the nature of Writ of Mandamus declaring the
action of the respondents in threatening to dispossess the petitioners
from their land adm Ac 1-21 cents i.e. 1st petitioners land adm 0-19
cents 2nd petitioners land adrn Ac 0-20 cents 3rd petitioners land
adm Ac 0-22 cents 4th petitioners land adm Ac 0-20 cents 5th
petitioners land adm Ac 0-22 cents and6th petitioners land adm 0-18
cents in R.S.No.140 of Ayyapurajupalem village Marripudi Mandal,
Prakasam District, without following due process of law as illegal,
arbitrary, violation of principles of natural justice and violation of
Article 14 and Article 300A of Constitution of India and consequently
direct the respondents not to dispossess the petitioners from their
land without following due process of law in the interest of Justice
and pass.."
It is the case of the petitioners that petitioners own and
possess an extent of Ac.0.19 cents, Ac.0.20 cents, Ac.0.22
cents, Ac.0.20 cents, Ac. 0.22 cents and Ac.0.18 cents of
vacant house site respectively in R.S.No.140 of
Ayapurajupalem Village, Marripudi Mandal, Prakasam District.
It is stated that the petitioners inherited the said property from
his ancestors, since then, the petitioners are in continuous
possession and enjoyment of the said property.
According to the petitioners, land in R.S.No.140 of
Ayapurajupalem Village, Marripudi Mandal, Prakasam District,
is classified as gramakantam and it is being used for tethering
cattle and storing hay. It is stated that the total extent of land
situated in R.S.No.140 of Ayyapurajupalem village is Ac.4.40
cents and it is a patta land and the same is recorded as
gramakantam land. It is the grievance of the petitioners that
4th respondent - Tahsildar on 05.07.2021 came to their land
and threatened them that they should vacate the land within a
week and handover the same to the Government. Therefore,
the petitioners sought direction to the respondents not to
dispossess them from the land without following due process of
law.
No counter is filed by the respondents.
Heard both learned counsel for the petitioners and
learned Assistant Government Pleader for Revenue.
Undisputedly, petitioners are in possession of subject
land. Gramakantam is deemed to have been vested on the
Gram Panchayat on its constitution in terms of Section 53 of
A.P Panchayat Raj Act. Even in G.O.Ms.No.187, dated
27.05.2015 issued based on orders in W.P No.553 of 2012,
dated 09.07.2012 between Nagarala Nirvasithula Welfare
Association v. The Government of A.P 1where the Court held
that:
"On behalf of respondents, reliance is placed upon judgment of
this Court in Banne Gandhi and others v. District Collector, R.R District1,
which arose under A.P Panchayat Raj Act, 1994. Section 58 (1)
therefore directs that all porambokes viz., grazing grounds, threshing
floors, burning and burial grounds, cattle stands, carts tanks etc., vest
in the Gram Panchayat. sub-section (2) thereof directs that the
Government may, at any time, by notification in the A.P Gazette, direct
that any porambokes referred to in sub-section (1) shall cease to vest in
the Gram Panchayat.
The Government initiated steps to issue house site pattas over
the land which formed part of gramakantam. The same was challenged
stating that gramakanatam vests in the Gram Panchayat and that the
Government cannot grant house site pattas in it. A learned Single Judge
2007 (4) ALD 374
of this Court held that there is no mention of gramakantam in sub-
section (1) and thereby, the question of such lands vesting in the
Government does not arise".
Thus, after careful examination of matter, the
Government has decided that gramakantam land vests in the
Gram Panchayat, there is a need to withdraw these lands from
the purview of Section 22-A of Registration Act, to remove the
hardship of general public. Therefore, Government order that
the District Collectors shall withdraw gramakantam lands from
the lists of properties, prohibited from registration, furnished to
the Registering Officers, under Section 22-A of Registration Act.
It shall be the responsibility of Gram Panchayats to take
appropriate action in respect of gramakantam land including
protection of the extent of land meant for communal purpose.
Even according to G.O.Ms.No.187, dated 27.05.2015,
gramakantam land is deemed to have been vested on Gram
Panchayat in terms of Section 53, unless notification is issued
under Section 58 (2) of A.P Panchayat Raj Act, vesting the land
on Government divesting from Gram Panchayat. But no such
notification was issued, till date. At best Gram Panchayat may
take appropriate steps in terms of G.O.Ms.No.187, dated
27.05.2015.
In these circumstances, this Writ Petition is disposed of
with a direction to the respondents not to interfere with the
possession of the petitioners over the said land, except in
accordance with the procedure established by law and after
giving reasonable opportunity to the petitioners to prove their
title and possession over the said land. There shall be no order
as to costs.
As a sequel, Interlocutory Applications pending, if any, in
this Writ Petition, shall stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 20-07-2021
AKN
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITON NO.13918 of 2021
Date: 20-07-2021
AKN
