WP/7098/2004 of Yadla Sarojanamma, Vs The Distrit Collector, on 29 December 2004

1. The District Collector, Srikakulam District.

2 The Mandal Educational Officer, Santhakaviti Mandal, Srikakulam District.

3 The Mandal Revenue Officer, Santhakaviti Mandal, Srikakulam District.

4 Vavilapalli Balarama Swami Naidu,

S/o. Ramamurthynaidu, 60 Years,

Hindu, Occ: Cultivation,

R/o. Mandarada Village, Santhakavaiti Mandal, Srikakulam District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may bepleased to issue any writ, order or direction more particularly one in the natureof Writ of Mandamus declaring the action of the respondents 1 to 3 in not takingany steps to protect the play ground of the MPP School situated in SurveyNo.318 of Mandarada Village, Santhakaviti Mandal, Srikakulam District, fromillegal encroachment made by the 4[th] respondent as illegal, arbitrary and directthe respondents 1 to 3 to take immediate steps to evict the 4[th] respondent fromthe Government land which is meant for the school play ground.

Counsel for the Petitioner: Ms. T.V. SRI DEVI

Counsel for Respondents 1 to 3: G.P. FOR REVENUE

Counsel for Respondent No.4: Mr. D.V. Nagarjuna Babu.

The Court made the following :

ORDER:(Per Hon’ble Sri Justice B. Sudershan Reddy)

That pursuant to the directions of this Court, dated 23-08-2004, the Joint Collector, Srikakulam, is stated to have visitedMandarada village on 01-10-2004 along with the Assistant Director, Survey &Land Records, Srikakulam; Revenue Divisional Officer, Palakonda; MandalRevenue Officer, Santhakavity; Deputy Inspector of Survey, Palakonda;Mandal Surveyor, Santhakavity; Extension Officer, M.P.D.O. Office, etc. A

detailed sketch has also been drawn by the Assistant Director, Survey & LandRecords, Srikakulam, clearly depicting all the details of encroachment made inSurvey No.318 classified as Manchineella Koneru Poramboke (kunta)(Government Poramboke) and the Survey No.319 classified as Zerotyati dryland.

The report submitted by the Joint Collector, Srikakulam, is exhaustive and self-explanatory. In the report, it is inter alia stated that the 4[th] respondent in thewrit petition has not occupied the play ground of the School, “but it is theencroachment of Government Poramboke (Manchineella Koneru Poramboke) inSurvey No.318 only.” The other encroachments mentioned are also in SurveyNo.318 classified as Government Poramboke. In the report submitted by theJoint Collector, it is, however, stated that “an extent of Ac.0-03 cents of vacantland available in Survey No.318 beside the MPE School, Mandarada i.e.western side of the school which can be utilized as open space by the School.”

It is thus clear that the revenue administration of the District has no objectionwhatsoever for the School utilising the said extent of 0-03 cents of vacant land.

In the circumstances, it will be appropriate to direct the respondents to ensurethat the said extent of 0-03 cents of vacant land available in Survey No.318 isprotected from the encroachment so as to enable the School authorities toutilize the same as playground.

The Writ Petition is accordingly disposed of without any order as to costs.

___________________________

B. SUDERSHAN REDDY, J

___________________________

PV

To

1. The District Collector, Srikakulam District.

2 The Mandal Educational Officer, Santhakaviti Mandal,Srikakulam District.

3 The Mandal Revenue Officer, Santhakaviti Mandal,Srikakulam District.

4. Two C.Cs. to G.P. for Revenue, High Court of A.P., Hyderabad.

5. Two C.D. copies.