WP/22454/2006 of Smt. Gosangi Prabhavathi W/o Krishna Murthy Vs The District Collector, East Godavari District on 28 December 2006

Conclusion

-ORDER:

1. This Court ordered notice before admission on 30-10-2006 and status quo was granted for a limited periodand the same is being extended from time to time.

2. The Writ Petition is filed for a Writ of Mandamusdeclaring the action of respondents in taking the land ofthe petitioner to an extent of Ac.0-78 cents in Sy.No.253 ofBillakuru village, Kothapeta Mandal, East Godavari Districtfor laying the road without any notice and without initiatingLand Acquisition proceedings alnernatively providing thesuitable land for cultivation is as arbitrary, contrary to lawa n d violative of Articles 14, 21 and 300 (A) of theConstitution of India and principles of natural justice andpass such other suitable orders.

3. It is brought to the notice of this Court that asagainst the Village Secretary and also other certainparties already the Writ Petitioner filed a suitO.S.No.33/2004 on the file of Junior Civil Judge,Kothapeta.

4. It is stated by the Writ Petitioner that her husband Gosani Krishna Murthy was a driver in Indian Army havingparticipated in India-China War and also War betweenIndia and Pakistan and the Government of AndhraPradesh assigned the land to an extent of Ac.0-78 centsin Sy.No.253 of Billakuru village in the year 1965 while herhusband was in service and also granted patta and acertificate was issued in Form No.D vide Ref.(B)/722/9304, dt.16-1-95 by the Taluk Office,Kothapet. Since the date of assignment, the land is beingcultivated by the petitioner and this is only the source ofher livelihood and her entire family. Her husband retiredfrom service in 1978 and after retirement, he had beencultivating the said land and earning the livelihood. It isalso stated that the Gram Panchayat seems to haveconducted the General Body Meeting on 21-6-2003 underthe Chairmanship of Sarpanch of the village and resolvedto lay the road from Nellivaripeta School toGolakotivaripalem through the petitioner’s land inSy.No.253 and in pursuance of the said resolution, theVillage Secretary attempted to interfere with the peacefulpossession and enjoyment of the petitioner and she hadinstituted a suit O.S.No.33/2004 referred to supra. It isalso stated that the person-in-charge, Gram Panchayat,Billakuru village, gave no objection under letter dt.3-6-1994 for giving the said land to the petitioner in the year 1995 and in the year 1995 “D” Form Patta was issued tothe petitioner by the Taluk Office, Kothapeta. Under suchcircumstances, the petitioner approached this Court byfiling the present Writ Petition.

5. It is stated by the learned Standing Counselrepresenting Gram Panchayat as per instructions that thepetitioner is in possession of excess land.

6. It is needless to say that the petitioner at the bestwould be having interest only in such land which hadbeen assigned to her by way of “D” Form Patta. It isneedless to say that, in such cases, if the respondentsintend to lay a road in the subject matter of the WritPetition, the respondents are bound to follow the dueprocess of law. In view of the same, the Writ Petition isdisposed of directing the respondents not to disturb thepossession of the petitioner in relation to the subjectmatter of the Writ Petition as specified in the DKT Patta infavour of the petitioner unless and until due process of lawis followed in this regard.

7. The Writ Petition is disposed of. No order as tocosts.

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Justice P.S.Narayana

28[th] December, 2006

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