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2020 Supreme(AP) 146
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
M. SATYANARAYANA MURTHY, J.
Kuchipudi Ramamohana Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 1065 of 2020
Decided On : 04-02-2020
Advocate Appeared:
Kambhampati Ramesh Babu.
Point of Law: in the case of a ferry connecting any public road under the management of a gram panchayat and lying wholly within the jurisdiction of that Gram Panchayat, in such Gram Panchayat and in the case of a ferry connecting any public road under the management of a Gram Panchayat and lying within the jurisdiction of more than one Gram Panchayat, in a joint committee of the Gram Panchayats concerned
Headnote:
Constitution of India- Article 226 - Andhra Pradesh (Andhra Area) Canals and Public Ferries Act, 1890 - Andhra Pradesh (Telangana Area) Ferries Act, 1314 - To issue Writ of Mandamus, declaring the action of the respondents in proposing to assign as house site plots, the land situated in R.S. which is classified as Donka by changing the classification/ nature of the said land from Donka to government assessed waste as illegal, arbitrary and violative of principles of natural justice and contrary to Andhra Pradesh Revenue Board Standing Orders (for short B.S.O) and consequently direct the respondents not to change the classification/nature of the land – Held, Even according to the proviso to B.S.O. 15(4) thereto, if such land is covered by Clauses (g), (j), (k) and (m), if not immediately required or if their occupation be not objectionable at present, may be leased with a condition for resumption, when required for any public purpose without payment of compensation for improvements, if any affected. Therefore, such land preserved cannot be assigned, except ek sal lease. But, the same cannot be converted by exercising power under B.S.O. 15(2). In those circumstances, the proposal to assign the land in R.S. No. 85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District, is a grave illegality- Writ petition is allowed
Facts of the Case:
Specific contention of the petitioners that the government has no right to change the nature of land from Donka to any other nature and further a natural stream is passing through this land apart from tank and road. The F.M.B. copies of the above survey numbers clearly discloses about the classification of the land in R.S. No. 85 as Donka. The very purpose of the respondents intending to change the classification of lands in the survey number is to issue house site pattas. Therefore, in case the respondents are allowed to assign the lands to landless poor by issuing D-Form pattas, the petitioners would be deprived of their amenity of road and letting out water from the tank and if, flow of water is obstructed, the lands of these petitioners and others will be flooded with water during rainy season
Finding of the Court:
Even according to the proviso to B.S.O. 15(4) thereto, if such land is covered by Clauses (g), (j), (k) and (m), if not immediately required or if their occupation be not objectionable at present, may be leased with a condition for resumption, when required for any public purpose without payment of compensation for improvements, if any affected. Therefore, such land preserved cannot be assigned, except ek sal lease. But, the same cannot be converted by exercising power under B.S.O. 15(2). In those circumstances, the proposal to assign the land in R.S. No. 85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District, is a grave illegality.
Result: Writ petition is allowed
JUDGMENT :
M. SATYANARAYANA MURTHY, J.
1. This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, declaring the action of the respondents in proposing to assign as house site plots, the land situated in R.S. No. 85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District, which is classified as Donka by changing the classification/ nature of the said land from Donka to government assessed waste as illegal, arbitrary and violative of principles of natural justice and contrary to Andhra Pradesh Revenue Board Standing Orders (for short B.S.O) and consequently direct the respondents not to change the classification/nature of the land in R.S. No. 85 of Mokhasa Narasannapalem Village, Nuzvid Mandal, Krishna District and not to allot the said land as house sites to the landless poor persons.
2. The petitioners possess various extents of lands in different survey numbers in Mokhasa Narasannapalem Village, Nuzvid Mandal and the details are tabulated as follows:-
| S. No. | Petitioner No. | Petitioner name | Extent of land possessed | Survey number |
| 1 | 1st petitioner | Kuchipudi Ramamohana Rao | Ac. 1-10 cents | R.S. No. 84-1A1 |
| 2 | 2nd petitioner | Chikati Satyavati | Ac. 0-58 cents | R.S. No. 84-1A1 |
| Ac. 1-62 cents | R.S. No. 84-1A3 | |||
| Ac. 0-25 cents | R.S. No. 84-1B1 | |||
| 3 | 3rd petitioner | Oleti Baby Sarojini | Ac. 1-30 cents | R.S. No. 84-1A2 |
| 4 | 4th petitioner | Mudagani Subbalakshmi | Ac. 1-00 cents | R.S. No. 83-6 |
3. All the above lands are being enjoyed and cultivated by the respective petitioners and their names were mutated in the revenue records. All the above lands are adjacent to each other and towards eastern side of the said land and natural stream along with road is situated in R.S. No. 85. The land in R.S. No. 85 is classified as Donka and the said land is being utilized for the purpose of road as well as natural stream (drainage canal) i.e. for free flow of flood water including the over flown water from the tank situated in the same survey number which is being called as Adaihkunta.
4. While the matter stood thus, with a view to allot the land in R.S. No. 85 as house sites to the landless poor, the government proposed to issue D-Form patta, allotment of house sites in the State and in such process, the government proposed to convert the road and natural stream situated in R.S. No. 85 is a Assessed Waste Land (AWD). It is the specific contention of the petitioners that the land in R.S. No. 85 is being utilized as road for ingress and egress to the fields and more than 1000 acres of agricultural land as well as to the Madicherla Village from Mokhasa Narsannapalem Village. Apart from the same, in some part of the said land, there is a tank called as Adhaikunta. During floods, the water will be stagnated in the said tank and the excess water, as well as the flood water from their lands, apart from other lands will flow through the natural stream situated in the part of the land situated in R.S. No. 85. The road situated in the land is classified as Donka i.e. in R.S. No. 85 is the only way for the petitioners to reach their agricultural fields. Recently, the respondents conducted survey of the said lands and on enquiry, they came to know that the respondents are proposing to allot house site pattas by reducing the road width and natural stream and by changing the nature of the land in records.
5. It is the specific contention of the petitioners that the government has no right to change the nature of land from Donka to any other nature and further a natural stream is passing through this land apart from tank and road. The F.M.B. copies of the above survey numbers clearly discloses about the classification of the land in R.S. No. 85 as Donka. The very purpose of the respondents intending to change the classification of lands in the survey number is
