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Andhra Pradesh High Court
Judges : G.RADHA KRISHNA RAO
G.Ramu - Appellant
Versus
Collector, Anantapur - Respondent
Decided On : 12-31-91
Mandamus - Poramboke Land - The court dismissed the writ petition seeking a mandamus to consider representations for allotment of poramboke land, stating that unauthorized occupants cannot seek relief under Article 226 of the Constitution of India.
Fact of the Case:
The petitioners, landless poor without housing, sought allotment of poramboke land for construction of houses. They had been in possession of the land and had submitted representations for allotment.
Finding of the Court:
The court dismissed the petition, stating that unauthorized occupants cannot seek relief under Article 226 of the Constitution of India.
Issues: Whether the representations of the petitioners for allotment of poramboke land should be considered.
Ratio Decidendi: Unauthorized occupants cannot seek relief under Article 226 of the Constitution of India for allotment of poramboke land.
Final Decision: The Writ Petition was dismissed with no order as to costs.
( 1 ) THIS writ petition is filed for issuance of a writ of mandamus directing the respondents to consider the representations for assignment or allotment of the poramboke land admeasuring 7 acres in Sy. No. 496 situated at Gooty town of anantapur district to the petitioners and residents of new communist colony of gooty town of Anantapur district.
( 2 ) THE main contention of the petitioners is that they are landless poor having no house facility of their own. The petitioners along with some others submitted representations to the respondents for allotment of house sites for the purpose of construction of houses in the said Sy. No. 496 which is a poramboke land. Expecting a positive response from the respondents, the petitioners and some other persons constructed houses and raised huts. Thus the petitioners have been in possession and enjoyment of the houses constructed in the said land since 1989.
( 3 ) IT is also contended that the State Government has announced several policies to provide pacca houses to the poor and weaker sections time and again. The petitioners also submitted representation to the Minister for Revenue for allotment of the said land to the petitioners. While so the local ruling party leaders with an ill-motive and with the help of respondents No. 3 and 4 trying to evict the petitioners from the said land.
( 4 ) HEARD both the learned counsel.
( 5 ) IN the case of unauthorised occupants where action has been taken by the government to evict them from the poramboke lands, this Court will not give any direction under Article 226 of the Constitution of India directing the authorities to grant pattas. The question is whether the representations of the petitioners is to be considered or not? It is for the authorities concerned to consider the representations or not. When the petitioners are unauthorised occupants the question of entertaining the writ petition under Article 226 of the constitution of India does not arise.
( 6 ) ACCORDINGLY the Writ Petition is dismissed. No order as to costs.
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