Andhra Pradesh High Court - Amravati
Kodevala Haribabu vs The State Of Ap on 2 February, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
1
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.32237 of 2023
Between:-
Kodevala Haribabu
....Petitioner.
And
The State of Andhra Pradesh Rep. by its
Principal Secretary, Revenue Department
and others.
.... Respondents
Counsel for the Petitioner : Mr. N. Sivaramakrishna
Counsel for the Respondents : G.P. for Revenue (R1, R3 to R5)
G.P. for Panchayat Raj (R2)
Mr.G.Venkata Reddy, Standing
Counsel (R6 to R8)
Mr.I.Koti Reddy (R7)
ORDER:
This Writ Petition is filed, inter alia, to declare the action of
the respondents in constructing a Temple and Sheds in
Sy.No.263, admeasuring an extent of Ac.3-16 cents, situated in
Kopperapadu village, J.Panguluru Mandal, Bapatla District in
Poramboke Puntha, depriving the petitioner's right to passage to
the agricultural lands and trying to disposes them from the same
without giving any opportunity of being heard as illegal, arbitrary
etc., and against the law laid down by the Hon'ble Apex Court in
Jagpal Singh and Ors., v State of Punjab and Ors., 1 and for a
consequential direction to remove all the illegal constructions of
temple and other sheds and all other sorts of constructions in
Sy.No.263 admeasuring to an extent of Ac.03-16 cents.
2) In the Writ Petition it was averred that the petitioner is
owning lands surrounding the above said land in Sy.No.263 and
that the subject land is being used by the petitioner and other
villagers for regular needs like cattle grazing etc. It is stated that
the subject land is classified as "Poramboke Puntha" and the rain
water accumulated in the said Puntha is being used for
agriculture and other household needs.
3) Learned counsel for the petitioner while drawing
attention of this Court to the material on record i.e., Ex.P.1, inter
alia, submits that Sy.No.263 of an extent of Ac.03-16 cents is
classified as Government land - "Kunta" and the said land vests
with the Gram Panchayat, meant for communal purposes and is
being used by the local people. However, construction of a temple
and some sheds have been undertaken in the said land without
permission of the competent authority i.e., the 3rd respondent; and
the Gram Panchayat and its Sarpanch-8th respondent are allowing
such illegal constructions contrary to the law. Referring to the
(2011) 11 SCC 396
Board Standing Orders and judgment of the Hon'ble Supreme
Court of India in Jagpal Singh case (1 supra) the learned
counsel submits that the lands classified as Kunta, Porambokes,
Tank Porambokes, Tank Beds and Donka porambokes are
forbidden from assignment / allotment and as such the
respondents have no power, authority or jurisdiction to assign the
said land. He also submits that the Government has no right to
change the nature of the land. He submits that as the
respondents are allowing the construction of "Temple and Sheds"
in the subject land, the petitioner having failed to secure any
positive response on the representations made to the respondents,
is constrained to file the present Writ Petition. He submits that
the construction of temple and sheds in the subject matter land is
contrary to the orders issued by the Government and therefore
seeks to allow the Writ Petition.
4) Learned standing counsel appearing on behalf of the 7 th
respondent, on the other hand, made submissions with reference
to the averments made in the counter affidavit filed on behalf of
the respondents 6 and 7. Whereas, Mr.I.Koti Reddy, learned
counsel appearing on behalf of respondents 9 to 11 made separate
submissions.
5) Referring to the material filed along with the counter the
learned counsel for the respondents 9 to 11 submits that the
above said extent of Ac.3-16 cents in Sy.No.263 is called as
Chakali Kunta, which includes water spread area of about Ac.1-00
cents. He submits that for the last several decades the
washermen community is using the water is said pond (kunta) for
washing clothes and also for conducting last rituals. He submits
that the Gram Panchayat passed resolutions permitting the
washermen community to develop the said extent of Ac.3-16
cents. He also submits that there is an idol of "Ankamma Devara"
which is situated in between the village road and pond and with a
view to create shelter to the idol, the Washermen / Rajaka Welfare
Sangham started construction of small room about 9 x 12 feet
with varndah with an intention to put the idol in the small room
and to use the front portion for keeping the washed clothes. While
stating that no construction of any big temple as alleged by the
petitioner was undertaken, the learned counsel states that the
Social Welfare Department granted funds for construction of
Dhobhi Khana Ghat in the subject matter land. Contending that
the petitioner filed the present Writ Petition for extraneous
reasons, the learned counsel seeks dismissal of the Writ Petition.
6) This Court has considered the submissions made and
perused the material on record. On appreciation of submissions
made and as seen from Ex.P.1 there is no dispute that the subject
matter land of an extent of Ac.3-16 cents, situated in Sy.No.263 is
classified as Kunta (Pond). As per the adangal report dated
09.08.2023, the said land is classified as the Government land.
As rightly contended by the learned counsel for the petitioner
watercourse, porambokes like the subject matter land vests with
the Gram Panchayat and they shall be used for communal
purposes only. In the present case the main grievance of the
petitioner is that construction of a temple and sheds are
undertaken in the subject matter land, which is meant for
communal purposes, contrary to the Government orders and the
law laid down by the Hon'ble Supreme Court of India. In so far as
the G.O.Ms.No.376 dated 29.11.2012, on which reliance is placed,
Government issued orders, which reads as follows:
"No site shall be used for the construction of a building
intended for public worship or religious purposes without
the prior approval of the Collector of the District who may
refuse such approval if, in his opinion, the use of the site for
the proposed construction of the building is likely to
endanger public peace and order, after giving an
opportunity to the applicant to show cause against such
refusal."
7) In the light of the said G.O., the construction of temple
and sheds undertaken in the subject land cannot be permitted.
At this juncture it may be pertinent to deal with the contention of
the learned counsel for the respondent Nos.9 to 11, who sought to
impress upon this Court that the Rajaka Sangam has undertaken
the construction of shelter to keep the idol of Ankamma Devara,
which is stated to be in between the village road and pond and to
keep the washed clothes therein which deserves no appreciation.
8) As seen from the counter affidavit of the Panchayat
Secretary, it is clear that construction of a temple is undertaken
and a notice dated 21.03.2023 was issued as the permission of
the District Collector was not obtained. It is also stated in the
counter affidavit that after issuance of notice, no construction
activity is proceeded with in the subject land. As per letter dated
15.12.2023 addressed by the Panchayat Secretary to the learned
Standing Counsel, which is placed for perusal of this court, it
would appear that the Gram Panchayat is intending to take steps
for removal of the unauthorized constructions. Thus, from the
averments in the counter affidavit and the letter referred to above,
it is obvious that the construction of temple is being made, that
too without prior permission of the competent authority i.e., the
District Collector. The Gram Panchayat having noticed illegal
constructions and issued a notice as long back as on 21.03.2023
had not taken any further action in the matter, which cannot be
appreciated. As the constructions are made in the kunta land
detrimental to the interest of villagers and contrary to law, this
Court is of the opinion that the same shall not be allowed to
remain.
9) Therefore, the Writ Petition is allowed with a direction to
the 6th respondent Gram Panchayat to take steps for removal of
the constructions made in the subject matter property as
expeditiously as possible, preferably within a period of four (04)
weeks from the date of receipt of a copy of this order. The
respondents 3 to 5 shall ensure the implementation of the order
passed by this Court within the time stipulated. No order as to
costs.
10) Consequently, Miscellaneous Applications pending, if
any, shall stand closed.
________________________
NINALA JAYASURYA, J
Date:02.02.2024.
Ssv
