WP/38752/2013 of Vangala Arjuna Rao, Vs State of Andhra Pradesh on 31 December 2013

ORDER:

The petitioners who are admittedly in occupation ofdifferent extents of lands, totally admeasuring Ac.41-22cents in Sy.Nos.16, 17, 84/1, 84/2 and 86 of Burugugudemvillage, Chatrai Mandal, Krishna District (for short ‘thesubject land’), filed this Writ Petition apprehending theirdispossession from the lands by the respondents.

The petitioners pleaded that they have been inoccupation of the subject land for more than two decadesraising agricultural crops and that their request forassignment of the same is under consideration. Thepetitioners filed the inter-departmental correspondencebetween the Irrigation and the Revenue Departments, aperusal of which would show that the subject land isclassified as ‘Bollikunta poramboke’ but there are no tracesof water body. Indeed, in his report vide letterNo.DB/JTO3/57-Rev, dated 16-8-2005 addressed by theExecutive Engineer, Special Division, Irrigation andCommand Area Development Department, Vijayawada torespondent No.3, he has informed that the subject land is situated at higher elevation than the F.T.L. of BollikuntaTank and that in view of the same, there is no objection forthe Irrigation Department to change the classification of theland from ‘kunta poramboke’ to ‘A.W.D’ land to facilitateassignment. Based on this report, the then District Collectorhas submitted his proposal vide E3.2580/2006, dated 22-6-2006 to the Principal Secretary to Government, RevenueDepartment, requesting for change of classification of thesubject land.

The learned Assistant Government Pleader forRevenue (Assignments), submitted that so far no decisionhas been taken by the Government on the request forchange of classification of the subject land.

The petitioners have filed photographs which showthat there are Mango orchards and agricultural crops raisedover the subject land. Prima facie, the photographs do notsuggest that there is any water body. In the light of theabove facts and circumstances of the case, I do not find anyjustification for the respondents to evict the petitioners onthe ground that the subject land is classified as ‘kuntaporamboke’. Till such time as the State Government takes adecision on the proposal for change of classification, therespondents are restrained from interfering with thepetitioners’ possession and enjoyment of the subject land.

Subject to the above observation and the direction, theWrit Petition is allowed.

As a sequel to the disposal of the Writ Petition, WPMPNo.48173/2013 filed for interim relief is disposed of asinfructuous.

Date : 31-12-2013AM

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Justice C.V. Nagarjuna Reddy