Telangana High Court

WP/8534/2002 of Pushapadu Niranjanrao, Vs The District collector, on 30 December 2009

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.8534 OF 2002 Dt.30.12.2009 Between: Pushadapu Niranjanrao … Petitioner And The District Collector Krishna District Machilipatnam

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

PRESENT

THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

WRIT PETITION NO.8534 OF 2002

Dt.30.12.2009

Between:

Pushadapu Niranjanrao … Petitioner

And

The District CollectorKrishna Districtand others Machilipatnam … Respondents THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

WRIT PETITION NO.8534 OF 2002

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ORDER:

This Writ Petition is filed for issue of Prohibition from transferringthe communal land of Ac.4.15 cents comprised in R.S. Nos.236, 237,239 and 243 of Bhavadevarapally Village, Krishna District, by way ofassignment or lease or otherwise in favour of respondent No.4.

Heard Sri M.R.K. Chakravarthy, learned Counsel for thepetitioner. No one appeared for the respondents.

The petitioner claims to be an agriculturist owing land in R.S.No.207 of the above said Village. He averred that there is a donka ofabout two kilometers (2 Kms) length to an extent of Ac.1.50 cents,Ac.0.79 cents, Ac.0.75 cents and Ac.1.13 cents in R.S. Nos.236, 237,239 and 243 respectively situated adjacent to the petitioner’s land. Hefurther averred that at the instance of respondent No.4, who is an ex-serviceman, the official respondents are seeking to assign or lease theabove mentioned land to the said respondent. The petitioner pleadedthat since the above mentioned land forms part of public pathway, itsassignment is detrimental to the community interests.

A counter affidavit is filed by the District Collector wherein it hasbeen inter alia averred that only a part of the land in R.S.Nos.236 and239 is being used for ingress and egress only during transplantationand harvesting seasons by agriculturists who have lands in theneighbouring area. It is further stated that taking into consideration theobjections raised by certain villagers, the official respondents have lefttwenty (20) links of land in R.S.No.236 and another twenty (20) links inR.S.No.243 for being used as rastha. It is also stated that for assigningthe rest of the land, the Gram Panchayat has passed a resolution to the effect that they have no objection for such assignment.

Inasmuch as this Writ Petition is filed on the main plank thatassignment of the land deprives the villagers of their right to passageand in view of the categorical assertion of the District Collector that theland to the width of forty (40) links – twenty (20) links each inR.S.Nos.236 and 243 – has been left for passage, the grievance of thepetitioner and other villagers has been redressed.

The Writ Petition is accordingly disposed of with the direction tothe official respondents to maintain the passage to the abovementioned extent to enable the villagers to use the same as apassage.

As a sequel to disposal of the Writ Petition, W.P.M.P. No.10607of 2002 and W.V.M.P. No.1278 of 2003, filed by the respective parties,are disposed of as infructuous.

30.12.2009

______________________

C.V. NAGARJUNA REDDY, J

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