Andhra Pradesh High Court - Amravati
Pamu Prabhakar Rao vs The State Of Andhra Pradesh on 7 March, 2022
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4742 of 2022
ORDER:-
The petitioner is owner and possessor of Door No.4-200 at
Mutharasi Street, Mogaltur Village and Mandal, West Godavari
District. He has approached this Court with the complaint that
a drinking water well in Rs.No.722/1 which is said to be utilized
by various persons in locality was being destroyed by the 10th
respondent and the respondents 7 to 9 are actively encouraging
and assisting the 10th respondent in destroying the well, despite
the fact that the said well falls within government land.
2. The petitioner contends that the petitioner had been
making various representations to the official respondents for
protecting the said well, despite which no steps are being taken
to protect the well. It is the case of the petitioner that he had
earlier filed Writ Petition .No.20028 of 2021 for directions for
protection of said well, which had been disposed of by this Court
on 13.09.2021. The petitioner also states that there an earlier
further writ petition No.7748 of 2021 before this Court which
was disposed of on 07.04.2021.
3. The petitioner has now approached this Court again
on the ground that despite the representations of the petitioner
and the various directions issued by this Court in these writ
petitions, no steps are being taken for protecting the said well.
4. Sri P.Ranga Rao, learned counsel for the petitioner
would submit that the adangal of the land shows that
Sy.No.722/1 is classified as Grama Kantam land and as
government poramboke land. He submits that in view of the
said revenue record, it would be the bounden duty of the official
respondents to ensure that the existing well is not destroyed.
5. The 10th respondent has appeared as party-in-
person and has placed certain documents before this Court. He
contended that he is the owner of the property as the said
property consisting of an extent of Ac.0.10 cents of land had
always been within the family of the petitioner and had become
the absolute property of the petitioner by virtue of a family
partition deed registered in the year 2018. He submits that due
to financial difficulties, for the purposes of performing the
marriage of sister, he sought to sell the said land. As the
prospective buyers were not interested in purchasing the land
with the well, he had taken steps for closing the said well after
obtaining necessary approvals from the Mandal Revenue Officer.
6. The question of whether the said land should be
treated as public land or private land has effectively been
decided by the order of this Court dated 07.04.2021 in
W.P.No.7748 of 2021. In this order, this Court had taken the
view that the property is a private property and any grievance of
the petitioner can be redressed only by way of a civil action
before an appropriate forum and not by way of a writ petition
before this Court. This judgment of this Court has become final
as no appeal has been filed against this order.
7. This Court is also bound by the said order.
8. For the aforesaid reasons no direction can be issued
by this Court in relation to a dispute over private property.
9. In the circumstances, this writ petition is dismissed.
There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ
Petition shall stand closed.
___________________________________
JUSTICE R.RAGHUNANDAN RAO
Date : 07-03-2022
BSM
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4742 of 2022
Date : 07-03-2022
BSM
