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2023 Supreme(AP) 635
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI, J.
G. Durga Bhavani, W/o (Late) Venkta Parvateesam – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.22761 of 2020
Decided on : 04-07-2023
Advocate Appeared:
For the Appellant : Sri Y. Soma Raju
The construction of Rythu Barosa Kendram on donka land was not prohibited by Rule 15(4) of A.P. Board Standing Orders, as it was intended for communal benefit and not individual assignment.
Headnote:
Rythu Barosa Kendram - Construction on Donka Land - Rule 15(4) of A.P. Board Standing Orders - [Rule 15(4)]
Fact of the Case:
The petitioner sought to prevent the construction of Rythu Barosa Kendram on a common passage land, claiming it to be illegal and violative of constitutional provisions and A.P. Board Standing Orders. The respondents argued that the construction was authorized by the government for public benefit.
Finding of the Court:
The court found that the construction of Rythu Barosa Kendram on the donka land was not prohibited by Rule 15(4) of A.P. Board Standing Orders and was intended for communal benefit. The objections raised by the petitioner's daughter were rejected, and the court concluded that there was no illegality in the construction.
Issues: The main issue was whether the construction of Rythu Barosa Kendram on donka land was prohibited by Rule 15(4) of A.P. Board Standing Orders.
Ratio Decidendi: The court held that since the construction was for communal benefit and not for individual assignment, and as there was no prohibition in Rule 15(4) against such construction, the petition was dismissed.
Final Decision: The writ petition was dismissed, and no costs were awarded.
ORDER :
This writ petition under Article 226 of the Constitution of India, is filed seeking the following relief:
“… to pass an order or orders, direction or directions, writ or writ of Mandamus and to declare the High handed action of the Respondents in trying to construct Raithu Barosa Kendram in the common passage land i.e., Kali Bata/Donka Lands in R.S.No.86 Southern side of the Petitioner’s Agricultural land situated in Jatlapalem Village, Pentapadu Mandal, W.G. District, as illegal, arbitrary and Violative of Article 14, 21 and 300 A of the Constitution of India against the 15(4) of the A.P. Board Standing Orders consequently direct the Respondents not to construct Raithu Barosa Kendram or any other construction in Kali Bata / Donka Southern side of the Petitioner’s Agricultural Lands in RS.No.86 situated in Jatlapalem Village, Pentapadu Mandal, West Godavari District, and to pass such other order or orders …”
2. The case of the petitioner, in brief, is that petitioner possesses agricultural land in R.S.No.105/6 in Jatlapalem Village, Pentapadu Mandal. On the southern side of the petitioner’s land, Kali bata exists in survey No.86. Petitioner and other villagers have been using the said path as passage. Respondents are intending to construct Rythu Barosa Kendram in Kali bata. In fact, Rythu Barosa Kendram is in existence and is being run near Gollagudem Vinayaka Temple. Construction of Rythu Barosa Kendram in kali bata is contrary to Rule 15(4) of the A.P. Board Standing Orders. Hence, the writ petition.
3. Respondent No.4-Tahsildar filed counter affidavit and contended that Government of A.P. issued orders vide Government Memo No.1134182/RDII/A1/2020 dated 11.04.2020 and 16.04.2020 read with Roc.DEE/MGNREGS/ 2019 dated 15.10.2019, to provide additional accommodation to Grama Sachivalayam buildings to accommodate health and agriculture units i.e. Rythu Barosa Kendram. Superintending Engineer, PR, Eluru issued administrative sanction orders for further extension of health and agriculture units including the Rythu Barosa Kendram in Jatlapalem village of Pentapadu Mandal. Gram Panchayat, Jatlapalem village proposed an extent of Ac.0-06 cents out of total Ac.2-71 cents in R.S.No.86 of Jatlapalem village for construction of Rythu Barosa Kendram as it is suitable for construction of building. Gram Panchayat, Jatlapalem handed over the proposed land to Assistant Engineer, Panchayat Raj. Engineering staff, P.R. started construction of Rythu Barosa Kendram in an extent of Ac.0-06 cents of vacant donka land in R.S.No.86 of Jatlapalem village. Work is completed up to inter level i.e. up to basement and 14 pillars were raised.
a) While the matter stood thus, petitioner’s daughter filed W.P.No.22137 of 2020. Pursuant to the interim order, dated 26.11.2020 passed in I.A.No.1 of 2020 in W.P.No.22137 of 2020, Tahsildar, Pentapadu has issued notices to the petitioner and all concerned vide Roc No.378/2020/DT dated 09.01.2021 calling them to attend enquiry. Neither petitioner nor her daughter attended enquiry on 18.01.2021. Objections raised by petitioner’s daughter were rejected by order, dated 25.01.2021. An extent of Ac.2- 71 cents in R.S.No.86 is classified as “Donka” Poramboke in village accounts-fair land register. Out of the said extent, in Ac.0-15 cents residential houses were constructed. In Ac.0- 15, Rajaka tank is in existence. In Ac.0-02 cents building was constructed and is being utilized by Rajaka community. An extent of Ac.0-03 ½ cents was occupied by petitioner’s daughter and K. Padmavathi. Out of remaining extent of Ac.0-31 cents, only Ac.0-06 cents is proposed for construction of Rythu Barosa Kendram for public purpose and in the interest of all ryoths.
b) Petitioner is having Ac.7-69½ cents of Zeroythi land in R.S.Nos.105/6, 75/4, 81/3A etc., of Jatlapalem village of Pentapadu Mandal. Petitioner’s lands are located far away from donka porambok except the land to an extent of Ac.0-77 cents in R.S.No.105/6.
c) Rythu Barosa Kend
