The central legal point established in the judgment is that land cannot be assigned or converted without following the prescribed procedure and without issuing necessary notifications as per the relevant legal provisions.

ORDER :

M. Satyanarayana Murthy, J.

1. This petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus, questioning the action of the respondents in attempting to convert "Puntha" (passage) situated in RS No. 66 of Annavaram Village, Bhimavaram Mandal, West Godavari District into house sites and distribute the same under "Navaratnalu-Pedalandariki Illu" to the third parties depriving ingress and egress to the petitioners and other ryots to their lands on either side of "Puntha" (passage), without considering the representation made by petitioner dated 30.12.2019 in "Spandana Programme" and declare the same as illegal and arbitrary, consequently direct the respondents not to covert the land as stated above.

2. It is the contention of petitioners that they are the adjacent land owners of the subject land and the respondent authorities issued a notice to the petitioners in Form A1 under BSO 15(2) of A.P. Revenue Board Standing Orders. The proposed action of respondents is illegal and arbitrary, which will deprive ingress and egress of petitioners and other ryots to their lands on either side of "Puntha" on account of such conversion and requested to issue a direction.

3. During hearing, learned Counsel for petitioners reiterated the contentions urged in the petition. Whereas learned Assistant Government Pleader for Revenue brought to the notice of this Court that Form A1 notice is also issued for conversion from "Puntha" to "Gramakantam" by following procedure under BSO 15(2) of A.P. Board of Revenue Standing Orders and after following necessary procedure, action shall be taken by the Government, only with a view to allot land to the landless poor persons as per the scheme of "Navaratnalu-Pedalandariki Illu".

4. Admittedly, the land is classified as "Puntha", which is for public use and it is covered by BSO 15(4) of A.P. Board of Revenue Standing Order and the proviso thereto specifically prohibits conversion subject to conditions and it is only meant even for expansion of road or puntha, if it is not required, it can be leased out on eksal lease basis, and at the same time there are certain limitations in Section 15(2) as to the conversion.

5. Moreover, when the land is a part of village, it is deemed to have been vested on the Gram Panchayat and it is deemed to be vested in terms of Section 53 of the Panchayat Raj Act, when the land is deemed to have been vested on the Gram Panchayat. As per Section 58(2) of the Panchayat Raj Act, 1994, the Government may, at any time by notification in the Andhra Pradesh Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the Gram Panchayat, if it is required by them for any specific purpose and thereupon such porambokes shall vest in the Government.

6. Till date, no such notification in Andhra Pradesh Gazette was published by exercising Section 58(2) of the Panchayat Raj Act, 1994. Therefore, the proposed conversion of "Puntha" into "Gramakantam" by exercising power under BSO 15(2) of A.P. Board of Revenue Standing Orders, issuing a notice in Form A1 is not sufficient. Unless notification is issued by the Government divesting Gram Panchayat of any porambokes, there cannot be any use of poramboke land for any purpose as held in Bonne Gandhi and others v. District Collector and others, 2007 (4) ALD 374.

7. A perusal of sub-section (1) of Section 58 of the Act would show that only certain classes of lands described therein which are not required by the Government for any specific purpose shall vest in the Gram Panchayat on its constitution.

8. Hence, proposed distribution or assignment of puntha poramboke land to any one by the Government without issuing any notification divesting such land from puntha is illegal as held in Sarpanch, Polakala Gram Panchayat, Irala Mandal, Chittoor District v. District Collector, Chittoor, 1997 (2) ALT 486.

9. Thus, as on date, no such notification under Section 58(2) of the Panchayat Raj Act is issued