Vangala Arjuna Rao, v. State Of Andhra Pradesh
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.38752 of 2013 Date : 31-12-2013 Between :
Vangala Arjuna Rao and others .. Petitioners And The State of Andhra Pradesh, Represented by its District Collector, Krishna District, Machilipatnam and others .. Respondents Counsel for petitioners : Sri Nimmagadda Satyanarayana Counsel for respondents : Assistant Government Pleader for Revenue
The Court made the following:
ORDER:
The petitioners who are admittedly in occupation of different extents of lands, totally admeasuring Ac.41-22 cents in Sy.Nos.16, 17, 84/1, 84/2 and 86 of Burugugudem village, Chatrai Mandal, Krishna District (for short 'the subject land'), filed this Writ Petition apprehending their dispossession from the lands by the respondents. The petitioners pleaded that they have been in occupation of the subject land for more than two decades raising agricultural crops and that their request for assignment of the same is under consideration. The petitioners filed the inter-departmental correspondence between the Irrigation and the Revenue Departments, a perusal of which would show that the subject land is classified as 'Bollikunta poramboke' but there are no traces of water body.
Indeed, in his report vide letter No.DB/JTO3/57-Rev, dated 16-8-2005 addressed by the Executive Engineer, Special Division, Irrigation and Command Area Development Department, Vijayawada to respondent No.3, he has informed that the subject land is
situated at higher elevation than the F.T.L. of Bollikunta Tank and that in view of the same, there is no objection for the Irrigation Department to change the classification of the land from 'kunta poramboke' to 'A.W.D' land to facilitate assignment. Based on this report, the then District Collector has submitted his proposal vide E3.2580/2006, dated 22-62006 to the Principal Secretary to Government, Revenue Department, requesting for change of classification of the subject land.
The learned Assistant Government Pleader for Revenue (Assignments), submitted that so far no decision has been taken by the Government on the request for change of classification of the subject land. The petitioners have filed photographs which show that there are Mango orchards and agricultural crops raised over the subject land. Prima facie, the photographs do not suggest that there is any water body. In the light of the above facts and circumstances of the case, I do not find any justification for the respondents to evict the petitioners on the ground that the subject land is classified as 'kunta poramboke'. Till such time as the State Government takes a decision on the proposal for change of classification, the respondents are restrained from interfering with the petitioners' possession and enjoyment of the subject land. Subject to the above observation and the direction, the Writ Petition is allowed.
As a sequel to the disposal of the Writ Petition, WPMP No.48173/2013 filed for interim relief is disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy Date : 31-12-2013 AM