Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(AP) 210

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Arup Kumar Goswami, C.Praveen Kumar, JJ.
Duru Latchanna Dora, S/o Duru Sanyasi Dora – Petitioner
Versus
State of Andhra Pradesh, rep. by its Secretary, Panchayat Raj Department, Guntur & Others - Respondents
Writ Petition (PIL) No.190 of 2020
Decided On : 27-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tandava Yogesh
For the Respondent: Mr. I.Koti Reddy

Point of Law: Alternate land has been identified for giving house site pattas to landless poor persons under ‘Pedalandariki Illu Scheme” and as the materials on record show that this is a Government Poramboke land being in possession of the Government, we see no reason to grant the relief

Headnote:
Possession of school - Constructed of building without permission from any authorities - Whether land belongs to GTWA School donated or to Government - Averments in affidavit filed in support of petition show that mother-in-law of petitioner by name donated her private land in admeasuring cents in Village to school which was subsequently upgraded as Government Tribal Welfare Ashram School - It is said that besides mother-in-law of petitioner two other persons/owners have also donated land in Survey to GTWA School - It is said that land which is in possession of school is sought to be used to promote education in Government School - It is further averred that another building is raised by Foundation in very same survey number without any permission from any authorities – Hence present Writ Petition seeking to declare action of respondents in allotting house sites under scheme construction of a Secretariat building and also allowing construction of Foundation building in land belonging to Government Tribal Welfare Ashram School admeasuring cents as illegal arbitrary and incorrect –
Finding of the Court: It is urged by respondents that allegation of Government land being used for construction is incorrect - It is further submitted that though an NGO by name Foundation has raised a building and is functioning from said premises since long time no objection has been raised towards allotment of land for such building at earliest point of time - Even in respect of present building objection came to be raised at stage when roof of second floor of building was laid – However contents of counter filed by 7th respondent show that alternate land for distribution of house sites in some other Government land has been identified which fact is not disputed by counsel for petitioner - Therefore from averments in counter and material filed it is evident that there is no evidence on record to show that land was gifted/donated by mother-in-law of petitioner - Secondly materials filed before Court clearly establish that land where school is situated and land where Village Secretariat is being constructed are in different survey numbers and both are separated by a road - Apart from that adjacent to Village Secretariat an NGO has raised a building and no steps are taken for its removal till filing of this PIL - If really disputed land is a school land and NGO building has been raised in said school definitely every effort would have been made to prevent construction of said building in said premises at earliest point of time –
Result: Order accordingly

ORDER :

C.Praveen Kumar, J.

1. The present Public Interest Litigation is filed by one Duru Latchanna Dora, resident of Pinakota, questioning the action of the respondents in allotting house sites under ‘Pedalandariki Illu scheme”; construction of a Secretariat building and also allowing construction of Koval Foundation building in the land belonging to Government Tribal Welfare Ashram School, Pinakota in Sy.No.19-4 admeasuring Ac.03.76 cents, as illegal, arbitrary and incorrect.

2. The averments in the affidavit filed in support of the petition show that the mother-in-law of the petitioner, by name, Smt. Siragam Varahalamma donated her private land in Sy.No.19-4 admeasuring Ac.03.76 cents in Pinakota Village, Ananthagiri Mandal, Visakhapatnam District to the school which was subsequently upgraded as Government Tribal Welfare Ashram (GTWA) School. It is said that besides the mother-in-law of the petitioner, two other persons/owners have also donated land in Survey No.45-1 and 49-3 to GTWA School. It is said that the land, which is in possession of the school, is sought to be used to promote education in Government School. It is further averred that another building is raised by Koval Foundation in the very same survey number without any permission from any authorities. Hence, the present Writ Petition, seeking to declare the action of the respondents in allotting house sites under ‘Pedalandariki Illu scheme”; construction of a Secretariat building and also allowing construction of Koval Foundation building in the land belonging to Government Tribal Welfare Ashram School, Pinakota in Sy.No.19-4 admeasuring Ac.03.76 cents, as illegal, arbitrary and incorrect.

3. Sri Tandava Yogesh, learned counsel for the petitioner, submits that though land was given by the mother-in-law of the petitioner for promoting education in the village, but the authorities are misusing the same by converting the said land into house sites and distributing the same to the landless poor persons. In support of the above, the learned counsel for the petitioner relies upon the letter dated 06.02.2020 written by the 9th respondent to the Project Officer, ITDA, Paderu. He further submits that one NGO, by name, Koval Foundation, has also constructed a building without permission from any authorities. He took us through the material filed by him to show that it is a private land gifted by the mother-in-law of the petitioner.

4. Counters came to be filed by the respondents disputing the averments made in the affidavit filed in support of the writ petition.

5. Respondent No.1 filed his counter disputing the location of the school in Sy.No.19/4. According to him, there is a road in between the said school and the subject land, which virtually divides the land belonging to the school from Government land. It is further stated that no material has been placed on record to show that the mother-in-law of the petitioner has gifted the land to the school.

6. In the letter addressed by the 9th respondent to the Project Director, ITDA, Paderu, it has been stated that the vacant land of the school in Sy.No.19/4 is being allotted as house sites by the Tahsildar and when questioned, it was informed that the same is being done at the instance of the District Collector. But, it is to be noted that the said letter came to be written without ascertaining the fact as to whether the land in Sy.No.19/4 belongs to GTWA School, donated by Siragam Varahalamma, or to the Government. The sketch map prepared by the Tahsildar, Ananthagiri, which is filed along with the counter, goes to show that the school and its open ground are situated in Sy.Nos.45/1, 49/1, 49/2, 49/3 & 49/5, whereas the construction of Village Secretariat is being carried out in Sy.No.19/4. Having regard to the above fact and the documents filed along with the counter, it is pleaded by the 1st respondent that both the lands are different and the allegation of school land being encroached upon or alienated as house sites, is im

Click Here to Read the rest of this document