Andhra Pradesh High Court - Amravati
Adapa Kanthamma vs State Of Andhra Pradesh, on 28 July, 2021
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14460 OF 2021
ORDER:
This Writ Petition is filed under Article 226 of the Constitution
of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the
nature of Writ of mandamus declaring the action of the respondents
in interfering and trying to disposes/evict from Gramakantam land of
the petitioners situated in Sy.No.10/1 of Neelapuram Revenue
Village, Burja Mandal, Srikakulam District for the purpose of Bulk
Milk Kendram by Amul Product without issuing any notice, without
following due process of law is illegal, arbitrary, without jurisdiction
colorable exercise of power, violation of principles of natural justice
and in violation of Articles 14, 21 and 300-A of Constitution of India
and pass such other orders...."
The case of the petitioners is that 1st petitioner is mother,
petitioners 2 to 4 are brothers; 5th petitioner is vendee of the 1st
petitioner. The petitioners are absolute owners and possessors of the
Gramakantam land. The petitioners acquired the subject land by
inheritance from their father and mother/ 1st petitioner by
succession. Since then the petitioners have been possession and
enjoyment of the same. While the matter stood thus, the respondents
5 and 6 and their staff came to the petitioners land and measured the
land for the purpose of establishment of „Bulk Milk Kendram‟ by Amul
Product. Therefore, the petitioners approached the respondents 5 and
6, who informed that as per instructions of 3rd respondent, the
petitioners has to vacate the land without any notice or called for any
explanation from the petitioners which is illegal, arbitrary and hence
the petitioners questioned the inaction of the respondents and sought
for a direction as stated supra.
Whereas learned Assistant Government Pleader for Revenue
contended that Gram Panchayat is competent to exercise control over
all public roads, poramboke etc., in terms of Section 53 of A.P
Panchayat Raj Act, without impleading Gram Panchayat, writ
petition is not maintainable. He has also drawn the attention of this
Court to G.O.Ms.No.187, dated 27.05.2015, issued by Revenue
(ASSN.I) Department.
Undisputedly, petitioner is in possession of subject land,
notice under Section 7 of the Act was issued, thereafter passed
order under Section 6 of the Act. However, as per revenue records, the
land is classified as gramakantam. Therefore, such 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 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
2007 (4) ALD 374
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 extents 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, divesting the land
from Gram panchayat, vesting on Government. But no such
notification is brought to the notice of this court, till date. Hence,
respondents have no jurisdiction to take steps to evict the petitioners,
describing him as encroacher by invoking provision of the Act. At best
Gram Panchayat may take appropriate steps in terms of
G.O.Ms.No.187, dated 27.05.2015. Hence, notice under Section 7 and
Section 6 of the Act, by respondents is without jurisdiction and the
same is liable to be set aside.
In the result, the writ petition is disposed of, declaring the same
as illegal and arbitrary, leaving it open to the Gram Panchayat to take
appropriate steps. There shall be no costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 28.07.2021
KK
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO. 14460 OF 2021
Date: 28.07.2021
KK
