IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY
PRESENT:
THE HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY
WRIT PETITION NO: 21204 OF 2020
Between:
1. Nali Anjaiah, S/o. Pitchaiah, aged about 30 years, R/o. Sivarampuram Village,
Thallur Mandal, Prakasam District.
2. Maganti Subbaiah, S/o.Venkateswarlu, aged about 42 years, R/o. Sivarampuram
Village, Thallur Mandal, Prakasam District.
3. Buchi Srinu, S/o. Bangaraiah, aged about 47 years, R/o. Sivarampuram Village,
Thailur Mandal, Prakasam District.
4. Anuparthi Babu Rao, S/o. Peraiah, aged about 60 years, R/o. Sivarampuram
Village, Thallur Mandal, Prakasam District.
5. Podili Suresh, S/o.-Srinivasa Rao, aged about 26 years, R/o. Sivarampuram
Village, Thallur Mandal, Prakasam District.
6. Podili Venkateswarulu, S/o. Gopal Rao, aged about 28 years, R/o.
Sivarampuram Village, Thallur Mandal, Prakasam District.
7. Vaddineni Koteswara Rao, S/o. Venkaiah, aged about 62 years, R/o.
Sivarampuram Village, Thallur Mandal, Prakasam District.
8. Boddu Subba Rao, S/o. Peddanna, aged about 59 years, R/o. Sivarampuram
Village, Thallur Mandal, Prakasam District.
9. Nali Srinivasa Rao, S/o. Venkateswarlu, aged about 46 years, R/o.
Sivarampuram Village, Thallur Mandal, Prakasam District.
10.Maganti Venkateswarlu, S/o.Anjaiah, aged about 30 years, R/o. Sivarampuram
Village, Thallur Mandal, Prakasam District.
...Petitioners
AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchayat Raj and
Rural Development (Pts.Il) Department, Secretariat Building, Velagapudi, Tullur
Mandal, Guntur District
The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Amaravati.
The District Collector, Prakasam District. Ongole.
The Revenue Divisional Officer, Ongole, Prakasam District.
The Tahsildar, Thallur Mandal, Prakasam District.
The Sivaramapuram Grama Panchayat, rep by its Panchayat Secretary, Thallur
Mandal, Prakasam District.
....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus
declaring the impugned G.O.Ms.No.558, Panchayat Raj and Rural Development (Pts.I!)
Department, dated 02-03-2020 issued by the 45t Respondent, de-notifying Bandidari,
Kalidari, Donka, Gayalu, Road Poramboke, Konda gutta Poramboke, Rathistalamu,
Payikana, Banjaru, Taluka Board President etc., depriving the right of easement as
provided under Section 18 of the Easements Act and consequential action of the
Respondents 3 to 5
i) in laying the lay out in the lands classified as konda (Hill) situated in Sy.
No. 274, 290 and 317 an extent of Ac. 315.00 cents, Ac. 125.50 cents
and Ac. 576.57 cents respectively, and the land classified as gazing
land situated in Sy.No. 275-1, 3, 6 and 13, 276-1, 277, 278-2 and 4,
280, 283, 285, 288, 289-1, 291, 293-1, 295, 305, 306, 314 and 316
totally admeasuring 261.62 cents of Sivaramapuram Village, Thalluru
Mandal, Prakasam District, and
ii) in taking steps to assigne the lands classified as konda (Hill) situated in
Sy. No. 274, 290 and 317 an extent of Ac. 315.00 cents, Ac. 125.50
cents and Ac. 576.57 cents respectively, and the land classified as
a
grazing land situated in Sy.No. 275-1, 3, 6 and 13, 276-1, 277, 278-2 and
4, 280, 283, 285, 288, 289-1, 291, 293-1, 295, 305, 306, 314 and 316
totally ad measuring 261.62 cents of Sivaramapuram Village, Thalluru
Mandal, Prakasam District under Tedalandariki Illu scheme being illegal,
arbitrary, without jurisdiction, contrary to BSO 15(4), besides violation of
Art.14, 19(g) and 21 of the Constitution of India and is contrary to the
law laid down by the Honourable Apex Court, and consequently set
aside the impugned G.O.Ms.No.558, Panchayat Raj and Rural
Development (Pts.ll) Department, dated 02-03-2020 including all
consequential actions,
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct the
respondents not to assign the lands classified as konda (Hill) situated in Sy. No. 274,
290 and 317 an extent of Ac. 315.00 cents, Ac. 125.50 cents and Ac. 576.57 cents
respectively, and the land classified as gazing land situated in Sy.No. 275-1, 3, 6 and
13, 276-1, 283, 285, 288, 305, 306, admeasuring 277, 289-1, 314 261.62 278-2 and 4,
280, 291, 293-1, 295, and 316 totally cents of Sivaramapuram Village, Thalluru Mandal,
Prakasam District, pending disposal of WP 21204 of 2020, on the file of the High Court.
IA NO: 2 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to suspend the
operation of impugned G.O.Ms.No.558, Panchayat Raj & Rural Development(Pts.II)
Department, dated 02-03-2020, issued by the 1** Respondent, pending disposal of WP
21204 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI MADHAVA RAO
NALLURI Advocate for the Petitioners, and GP FOR PANCHAYAT RAJ for
Respondents 1 to 5 and SRI V VINOD K REDDY, Standing Counsel for Gram
Panchayat for 6" respondents, the Court made the following.
ORDER:
"Office is directed to print the name of Sri V.Vinod K.Reddy, learned Standing Counsel for Gram Panchayat, appearing for 6" respondent. Learned Government Pleader for Panchayat Raj appearing for respondents 1 to 5 complained that the set of papers were not served. Hence, the learned counsel for the petitioner is requested to upload the set of papers to the official email address of the learned Government Pleader for Panchayat Raj. Post after four (04) weeks.
Meanwhile, the respondents are directed not to create any third party interest in respect of the subject land, which is classified as 'grazing land' i.e., 'communal land', which cannot be alienated even if it is de-notified in terms of G.O.Ms.No.558, dated 02.03.2020 by applying the principle laid down in Jagpal Singh and Others vs. State of Punjab and Others (2011) 11 Supreme Court Cases 396 the Apex Court in Para 3 held as follows:- Pare 3: The Protection of common rights of the villagers were so zealously protected that some legislation expressly mentioned that even the vesting of the property with the State did not mean that the common rights of villagers were lost by such vesting. Thus, in Chigurupati Venkata Subbayya v. Paleduga Anjayya (1 (1972) 1 SCC 521) SCC Page 529 the Court observed in Para 23 as follows:
"23. It is true that the suit lands in view of Section 3 of the Estates Abolition Act did vest in the Government. That by itself does not mean that the rights of the community over it were taken away. Our attention has not been invited to any provision of law under which the rights of community over those lands can be said to have been taken away. The rights of the community over the suit lands were not created by the principal or any other landholder. Hence those rights cannot be said to have been abrogated by Section 3(c) of the Estates Abolition Act."
TRUE COPY
To,
The Principal Secretary, Panchayat Raj and Rural Development (Pts.I!) Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Tullur Mandal, Guntur District
The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.
The District Collector, Prakasam District. Ongole.
The Revenue Divisional Officer, Ongole, Prakasam District.
The Tahsildar, Thallur Mandal, Prakasam District.
The Panchayat Secretary, Sivaramapuram Grama Panchayat, Thallur Mandal, Prakasam District (by RPAD)
One CC to SRI MADHAVA RAO NALLURI Advocate [OPUC]
Two CCs to GP FOR PANCHAYAT RAM, High Court of Andhra Pradesh. [OUT]
One CC to SRI V VINOD K REDDY, Standing Counsel [OPUC]
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