ORDER:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“To issue Writ of Mandamus writ of MANDAMUS declaring the proceedings of the 3rd respondent in Rc.No.274/2020DT dated 18.06.2021 in which he converted the land covered in R.S.No.330 of Pothunur Village, Denduluru Mandal, West Godavari District classified as ‘cart track’ into house sites as per the G.O.Ms.No.558 Panchayat Raj and Rural Development PTS dated 02.03.2020 as illegal, arbitrary ultravirus and contrary to the provisions of Board Standing orders and consequently direct the respondents not to convert the ‘cart track’ into house sites or for any other purpose”

The petitioner is the owner and possessor agricultural lands of an extent of Ac.1-52 cents in R.S.No.329/1 situated at Pothunuru Village, Denduluru Mandal, West Godavari District. The land was purchased by father of the petitioner in the year 2008. There is a ‘cart track’ in R.S.No.330 for ingress and egress to reach the agricultural land of this petitioner and other neighbouring land owners. As per the revenue records, the land covered in R.S.No.330 was classified as ‘‘cart track’’ and adjacent to the said ‘cart track’, there existed a small drainage canal for the last several years, which is the only way to reach the agricultural fields.

While so, the Government of Andhra Pradesh introduced a scheme called ‘Navaratnalu Pedalandariki Illu’ for providing house site pattas to landless poor persons. Board Standing Order 15 prohibited some lands classified under different categories including the land classified as ‘‘cart track’’ and contrary to the prohibition, the third respondent identified the land classified as ‘cart track’ existing in R.S.No.330 of Pothunuru Village and prepared for issue of house site pattas. Therefore, the proposal to assign the land which is classified as ‘‘cart track’’ is illegal and arbitrary. It is further contended that, the issue involved in the present writ petition is squarely covered by the order of this Court in W.P.No.1065 of 2020 dated 04.02.2020 and requested to pass appropriate order.

It is further contended that, the third respondent/Tahsildar issued notice to this petitioner on 29.08.2020 and the petitioner submitted his objection categorically stating that the land in R.S.No.330 is classified as ‘cart track’ is the only way to reach agricultural fields of this petitioners and neighbouring farmers, but the third respondent by virtue of G.O.Ms.No.558 Panchayat Raj and Rural Development PTS dated 02.03.2020, converted R.S.No.330 from ‘cart track’ into house sites. Therefore, the proposed amendment is contrary to B.S.O. 15 and the same cannot be assigned to any third parties, since ‘cart track’ is for public purpose and when the land is earmarked for public benefit or public purpose, the same cannot be assigned even after change of its classification and requested to grant relief, as stated above.

Learned Assistant Government Pleader for Revenue did not file counter affidavit, but placed on record, written instructions of the third respondent/Tahsildar dated 06.07.2020, wherein, it is stated that, in view of G.O.Ms.No.558 Panchayat Raj and Rural Development PTS dated 02.03.2020 land is vested on the Government and necessary procedure is followed for conversion of classification of land by de-notifying certain lands which are vested on the Government as ‘cart track’ and identified the land for assignment to the landless poor under the scheme ‘Navaratnalu Pedalandariki Illu’. Further, the Gram Panchayat also passed Resolution dated 02.01.2020 accepting assignment of land of an extent of Ac.0-75 cents in R.S.No.330 and Ac.0-19 cents in R.S.No.331, totalling to Ac.0-94 cents, which is classified as ‘cart poramboke’, but for the benefit of the public to provide house sites to landless poor, agreed to assign the land.

It is also stated that A-1 Notice was issued in terms of Board Standing Orders calling for objections for change