K S Rao vs The State Of Ap
2022 Latest Caselaw 9548 AP

      THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

              WRIT PETITION NO.19248 OF 2019
ORDER:

The present writ petition is filed by the petitioners under

Article 226 of the Constitution of India for the following reliefs:

"...to issue an appropriate writ, or order or direction more particularly one in the nature of writ of mandamus declaring the inaction on the part of the official respondents 1 to 6 herein and not considering the representations submitted on 16.09.2019 and 26.09.2019 by the petitioner herein for initiating action in respect of the fraudulent document created in respect of Government Poramboke communal land in survey number 67 to an extent of Ac.3.60 cents of Polipalli village, Bogapuram Mandal, Vijayanagaram District, as illegal, arbitrary and unjust and consequently direct the respondents 2 to 6 herein to initiate action for restoring the communal Government poramboke land..."

2. The case of the petitioners in brief is that, in Polipalli

Village, an extent of Ac.3.60 cents of land in survey No.67 was

recorded as Government poramboke in the revenue records and

the same is using to celebrate the festival of village deity (Grama

Devatha) and also celebrate the marriage functions of the

villagers for the last more than 100 years. The Government of

Andhra Pradesh also constructed Anganwadi Kendra and also laid

C.C.road in the said land. In the revenue records, it is shown as

grama kantam communal land. It is the further case of the

petitioners that in the year 2002, some people claiming to be the

ancestors of original owners created some false documents in

collusion with the gram panchayat filed a suit in O.S.No.542 of

2002 on the file of the Principal Junior Civil Judge,

Vijayanagaram against the villagers and the same was dismissed

on 09.07.2007. As against the same, an appeal was preferred

vide A.S.No.95 of 2007 and the same was reversed by the I

Additional District Judge, Vijayanagaram by its order, dated

21.09.2015. Against the said judgment, the villagers preferred

Second Appeal No.698 of 2015 before this Court and when the

same is pending for adjudication, the appellants 1 and 16

colluded with the respondents therein have withdrawn the appeal

on 12.07.2019 saying the matter settled outside the court

between the parties. The said fact was not revealed by the said

two appellants to the villagers. Having come to know about the

same, they represented the Bar Counsel of Andhra Pradesh on

16.08.2019 and also filed petition before the Court to recall the

order passed by the Court on 12.07.2019 and the same is

pending.

3. It is the further case of the petitioner that the villagers of

Polipalli brought to the notice of the Government with regard to

the collusion of the parties and about creating a registered

document in their favour without the knowledge of the villagers.

The unofficial respondents who colluded with the respondents in

the Second Appeal got registered the land in their name vide

document No.4084 of 2019, dated 07.08.2019 of Joint Sub-

Registrar, Bogapuram. In that regard the villagers' submitted

representation to the Hon'ble Revenue Secretary, Deputy Chief

Minister and other revenue authorities to take action against the

persons who created fraudulent document and also got

registered the Government poramboke communal land in their

favour. The petitioners also made representations on 16.09.2019

and 26.09.2019 to the respondent authorities to take

appropriate action against the unofficial respondents for creating

a fraudulent document but no action has been taken, which is

illegal and arbitrary. Hence, the present writ petition is filed.

4. Heard Sri K.Venu Gopal Reddy, learned counsel for the

petitioners, learned Assistant Government Pleader for Revenue,

learned Assistant Government Pleader for Panchayat Raj and

Rural Development.

5. Learned counsel for the petitioners submitted that, inspite

of the representations, dated 16.09.2019 and 26.09.2019 brining

to the notice of the authorities about the fraudulent transaction

taken by the unofficial respondents to the land belonging to the

Government, which is classified as poramboke communal land,

no action has been taken so far. As such, prayed to pass

appropriate orders in this regard.

6. On the other hand, learned Assistant Government Pleader

submitted that there are private parties i.e., respondents 7 and 8

and they have to be heard before passing any appropriate orders

and requested time for filing counter.

7. In reply to the said submission, learned counsel for the

petitioners submitted that no positive direction has been sought

in the present case and it would suffice to give a direction to the

respondent authorities as well as gram panchayat to act upon

the representations so made by the petitioners dated 16.09.2019

and 26.09.2019 as per law and no prejudice would be caused to

the respondents 7 and 8.

8. Considering the submissions made by the learned counsel

for the petitioners and the learned Assistant Government

Pleader, without going into merits of the case, instead of keeping

the writ petition pending and since no positive direction is being

granted and no prejudice will be caused to the respondents 7

and 8, this Court is inclined to dispose of the writ petition with

the following directions:

i) The respondents 2, 3 and 6 are hereby directed to pass

appropriate orders on the representation, dated 16.09.2019

through spandana, so made by the petitioners, in accordance

with law, after issuing notice and hearing to the petitioners and

the respondents 7 and 8 herein and communicate the same to

the concerned parties, if the grievance in the representation

made by the petitioners is true.

9. Accordingly, the Writ Petition is disposed of. There shall be

no order as to costs.

Consequently, miscellaneous petitions, pending if any,

shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI Dated : 12.12.2022

SPP

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.19248 OF 2019

Dated : 12.12.2022

SPP