IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.27869 of 2014 BETWEEN Dega Laxmamma and another.
AND ... PETITIONERS The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Assignments), Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioners: MR. T.C. KRISHNAN Counsel for the Respondents: GP FOR ASSIGNMENT (AP) The Court made the following:
ORDER:
Heard.
2. Petitioners state that they were assigned Ac.2.50 cents each in Sy.No.91 situated at Vutlapalem village, Podalakur Mandal, SPSR Nellore District. Petitioners further state that they have dug a channel 2 meters width and 400 meters length to draw water from the Telugu Ganga Canal and that they also laid a gravel road in the corner of the land in Sy.No.91 admeasuring 16 feet width and 40o meters length at an expense of over Rs.2 lakhs. The present writ petition came to filed on the allegation that the villagers have pressurized the fourth respondent to close the channel dug by the petitioners and to form a road in that place.
3. Learned Assistant Government Pleader has secured instructions, which state as follows:
“In this connection, I submit that Smt. Dega Lakshmamma, W/o.
Venkateswarlu and Dega Ramanamma, W/o. Jayaramaiah of Utlapalem, H/o Duggunta Village has assigned an extent of Ac.2.50 each in s.No.91 durign 5th Phase Assignment in September, 2009. It is also fact that the petitioner ought to be removed shrubs and made the land fit for cultivation.
The Petitioner formed a gravel road in S.No.82-3 in settlement land, which was inherited by their husband in the corner of S.No.91 is false. S.No.91 is far away from S.No.82-3, S.No.91 is not abutting to S.No.82-3.
The question is that the petitioner dug a channel in S.No.91 and drawing water from Telugu Ganga Canal which passes Degapudi Telugu Ganga Canal is also false. The petitioner is actually dug the channel in S.No.73 and 74 is classified as Alugu Vagu in Diglot of Utlapalem village.
The petitioners added that for that purpose they incurred nearly 2.00 lakhs in the year, 2009, nobody objected at the moment, after the changing of government, the rival group approached the 3rd and 4th Respondents. The fact is that the petitioner is dug a channel irregularly in S.No.73 and 74, which is mentioned in Diglot as Aluguvagu, which vested with Government.
Further the petitioners claiming compensation for the channel as well as the road formed saying that they are spending 2.00 lakhs. On 03-02- 2014, the 4th Respondent verified the physical status of the channel as well as gravel road and ordered to close the channel and permitting the villagers to for a road in place of channel. The action of the 3rd and 4th Respondent ordered to close the channel and permitting the villagers to form a gravel road because the channel is formed in S.No.73 and 74 which is classified as Aluguvagu in Diglot. The request of the petitioner cannot be considered as the request of the petitioner is questioning the authority of the Government, which is illegal and void.”
4. It is evident from the above that the channel is in Sy.Nos.73 and 74, which is classified as Aluguvagu is now sought to be made into a road.
5. Learned counsel for the petitioners states that the petitioners have no objection as long as no road is laid in Sy.No.91, which is assigned to them.
6. Since the instructions, as above, do not show that any road is proposed to be laid in Sy.No.91 and in fact, the road is proposed to be laid in Sy.Nos.73 and 74, the same is recorded.
The writ petition is disposed of with a direction that the road work proposed in Sy.Nos.73 and 74 may be proceeded with but in the petitioners’ land in Sy.No.91 no road as such be laid without following due process of law. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J September 24, 2014
Note: Furnish C.C. of the order by 26.09.2014 (B/o) DSK