THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.4673 OF 2020

ORDER:

The present writ petition is filed by the petitioner under

Article 226 of the Constitution of India for the following reliefs:

"…to issue a writ, Order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in converting the road margin into house plots to be assigned to land less poor by the respondents abutting the petitioner's land in R.S.No.538/2 of Relangi Village, West Godavari District as illegal, arbitrary and issue a consequential direction not to allot the road margin abutting on the western side of petitioner's land in R.S.No.538/2 of Relangi Village, Irragaaram Mandal, West Godavari District…"

2. The case of the petitioner, in short, is that he is the owner and possessor of the land in an extent of Ac.3.43 cents in R.S.No.538/2 of Relangi Village and he is in continuous possession and enjoyment of the same and by virtue of his possession, pattadar passbook was also issued in his favour and he has been paying taxes to the said land. The further case of the petitioner is that to the west of his land there is an R&B road which is leading from Relangi to Palli and the said road is laid in punta, which is commonly known as "Bogam vari punta". There is a road margin of nearly about 80 links width intervening between his land and BT road laid by R&B and the road margin is being utilized for the last 30 years by the agriculturists in the locality for the purpose of harvesting, weighing paddy and to lay hayricks and for other agricultural operations.

It is the further case of the petitioner that, on 20.01.2020, the respondents 4 and 5 along with Mandal Surveyor came to his land and took measurement of the road margin abutting his fields and planted pegs and on enquiry he came to know that the respondents 4 and 5 are dividing the road margin into house plots in order to assign to the landless poor by the Government. As such, the petitioner made an application, dated 29.01.2020 to the 5th respondent under RTI Act seeking information as to whether there is any proposal submitted to the Government for allotment of road margin as house sites and though the same was received on 30.01.2020 but no information has been furnished to the petitioner. It is the further case of the petitioner that, without any right, the respondents 4 and 5 are assigning the road margin, which is abutting to his land as house plots to the landless poor, as such, the present writ petition is filed.

3. To the said writ petition, the 4th respondent filed counter inter alia contending that the petitioner has access to his fields through the road passing through donka poramboke land in R.S.Nos.374/10, 375/8 and 378/9. There is no proposal for

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giving house sites in R.S.Nos.374/10, 375/8, 378/9, which are road margins abutting the petitioner's fields. It is further stated that voluntary land acquisition has been taken in the Relangi Village for an extent of Ac.9.12 cents for eligible 371 beneficiaries, as such, there is no hindrance for carrying agricultural operations for the farmers in the subject land. As such, prayed to dismiss the writ petition.

4. Heard Sri Srinivas Mallampalli, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

5. Learned counsel for the petitioner in elaboration to what has been contended in the affidavit stated that adjacent to the petitioner's land there is a donka poramboke which is being used for ingress and egress not only by the petitioner but also for agricultural activities of the other agriculturists since more than three decades and now the respondent authorities are contemplating to divide the same as house sites and to allot the same to the landless poor, as such, the present writ petition is filed.

Learned counsel further contended that in the counter, the respondent authorities categorically stated that they are not

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proposing to convert the said land into house sites and as such nothing remains for adjudication in the present writ petition and prayed to close the writ petition recording the contents of the counter.

6. To the said submission, learned Assistant Government Pleader reported no objection.

7. A perusal of the counter filed by the 4th respondent shows that the revenue authorities at para-5 categorically stated that there is no proposal for converting the donka poramboke into house sites, as such, nothing remains for adjudication in the writ petition, hence, this Court is inclined to close the writ petition.

8. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

Consequently, miscellaneous petitions, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI

Dated : 09.12.2022 SPP

WRIT PETITION NO.4673 OF 2020

Dated : 09.12.2022

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI