Andhra Pradesh High Court - Amravati
Malleboyina Suresh vs State Of Andhra Pradesh on 6 September, 2022
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THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20527 of 2021
ORDER:
This Writ Petition is filed under Article 226 of
Constitution of India, seeking to direct the respondents not
to allot the land to an extent of Ac.1.36 cents situated in
Sy.No.84 of Pedakandlagunta village, Kondepi Mandal,
Prakasam District to AMUL dairy forthwith.
Heard the learned counsel for the petitioner and the
learned Government Pleader for Revenue.
The case of the petitioner is that the land to an extent
of Ac.1.36 cents was recorded as cattle shed as per
Re-survey and Resettlement register situated in Sy.No.84
of Pedakandlaguta village of Kanduku Taluq. From the year
2011 onwards, the petitioner also used to stay his cattle in
the said land in an extent of Ac.0.05 cents by making
fodder heap etc.,. While so, the 4th respondent came to the
land of the petitioner and orally instructed to vacate the
said land by removing his cattle as it was required for
allotment of AMUL diary. Aggrieved by the same, the
present Writ Petition is filed.
During hearing, learned counsel for the petitioner
contends that as per BSO 15(4), the following lands cannot
be assigned in any manner.
BSO 15(4) Lands that may be assigned and that may not
be assigned.
i) All lands at the disposal of the Government except
those hereinafter prohibited may be assigned. The
assignment of the lands shall generally be free of
market value except in the case of project affected
lands in which case market value shall be collected.
ii) The assignment of the following classes of lands is
prohibited.
(a) Poramboke(Tank beds, offshore of tank bed cattle
stands, grazing lands and reserved lands(reserved
for depressed class members or for any public
purpose, such as schools, playgrounds, hospitals,
maternity centers, reading rooms and extension
of house sites, panchayat purposes, town sites
and in the proximity thereof.
(b) Land which has been occupied for 18 months
and adjoins a reserve forest or an unreserved
block of a square mile or more until the collector
has consulted the District Forest Officer and
considered any objections, he may have to its
assignment,
(c) Lands containing topes of valuable trees.
(d) Lands within cantonment limits,
(e) Lands reserved under Section 26 of the Forest
Act
(f) Lands within port limits
(g) Lands near the Sea Coast within one furlong of
high water mark of the sea
(h) Water Course porambokes, viz., margins of
channels, streams etc.,
(i) Lands in the vicinity of aerodromes or landing
grounds i.e., within a belt of 200 yards
(j) Lands containing minerals, quarries etc.,
(k) Padugais i.e., land within the flood bank of rivers,
lanka lands not held on ryotwari tenue, river
accretions and reformed lands for which the
owners have ceased to pay assessment;
(l) Lands where "Pati Matti" is available and
(m) Any other lands which are required or likely to
be required for any public or any special
purposes necessary for the provision of amenities
of the community or connected with the
development of the village.
The learned counsel for the petitioner contends that
as it was categorically prohibited for alienation/allotment
of cattle stand as per BSO 15(4) (ii) (a), the action of the
respondents in trying to allot the cattle shed as AMUL
DIARY is illegal and arbitrary.
The learned Government Pleader on instructions
submits that the Writ Petition itself is not maintainable
either on law or on facts. The Writ Petitioner has no locus
standi to approach this Court and with an malifide
intention to stop the construction of Bulk Milk Cooling unit
he has filed the present Writ Petition. He further submits
that the land to an extent of Ac.0.10 cents in Sy.No.84 of
Pedakandlaguntla village was allotted to AMUL dairy bulk
milk cooling unit as per the request of Gram Panchayat,
Peddakandlaguntla village. The construction work was in
progress and the amount was already released for
execution of said work.
Considering the submissions of the learned counsel
for the petitioner and the learned Government Pleader, it is
clear that the land to an extent of Ac.1.36 cents of
Pedakandlagunta village is classified as Mandabayalu as
per RSR. As per BSO 15(4) (a) the land which is classified
as Mandabayalu cannot be used for any other purpose.
Considering the submissions of the learned counsel
for the petitioner and taking into consideration the
Judgment rendered by the Hon'ble Apex Court in Jagpal
Singh and others Vs. State of Punjab and others1 ,
liberty is granted to the Gram Panchayat to take
appropriate action to vacate the persons who are in
possession of Sy.No.84 of Pedakandlagunta Village,
Kondepi Mandal, Prakasam District starting from the
petitioner and they are further directed not to allot the
subject land in Sy.84 of Pedakandlagunta Village, Kondepi
(2011) 11 SCC 396
Mandal, Prakasam District for any other purpose, except
for grazing of cattle shed.
With the above directions, the Writ Petition is
disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall stand closed.
_____________________
JUSTICE D.RAMESH
Date: 06.09.2022
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THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20527 of 2021
Dated: 06.09.2022
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