THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.16097 0f 2008 Between:
1. Lalam Ramu Naidu and another PETITIONERS AND
1. The Revenue Divisional Officer, Narsipatnam, and others.
RESPONDENTS ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief – “….to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in proposing to make construction by dumping construction material on the southern side of the petitioners property in an extent of Ac.89 ½ cents in Sy.No.20, situated in Duppatooru Village, Achutapuram Gram-panchayat, Visakhapatnam District, particularly when the southern boundary is a public road (i.e. Bogaram road), is highly arbitrary, illegal and contrary to Section 144 of the A.P. Panchayat Raj Act, 1994 and Rules made therein and consequently direct the respondents not to interfere their right to enjoy the Bogapuram road for their ingress and egress in the interest of justice…”
2. Heard Sri P. Rajasekhar, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj for respondents 1 and 2 and Sri G. Elisha, learned Standing Counsel for respondent No.3, and perused the material available on record. None appears for the 4th respondent despite service of notice.
4. According to the petitioners, they purchased an extent of Ac.0.89½ cents land situated in Sy.No.20 of Duppatooru Village, Achutapuram Gram-Panchayat, Visakhapatnam District, by way of registered sale deed dated 4.02.2003 from one Chintapalli Laxmana Rao and others for a valid consideration. It is further pleaded that on the southern side of the petitioners’ land there is a road called Bogapuram Road in Sy.No.22 and the same is being used for their ingress and egress into the lands. It is also averred that on an application made by the petitioners, the 1st respondent Revenue Divisional Officer, Narsipatnam accorded permission for conversion of the nature of land, vide proceedings dated 4.04.2008. It is the further case of the petitioners that earlier when there was interference with regard to the possession and enjoyment of the subject land by one Mr.
P. Demudu and three others, the petitioners instituted O.S.No.101 of 2004 in the Court of the Principal Junior Civil Judge, Yelamanchili for permanent injunction and the learned Junior Civil Judge decreed the said suit on 27.08.2004. It is alleged in the writ affidavit that the Sarpanch of the 3rd respondent-Gram-Panchayat, who is also impleaded as the 4th respondent, at the instance of P.Demudu and others, started harassing the petitioners from using the southern side road taking advantage of his possession as Sarpanch, and proposed to make a construction in Bogapuram Road margin, preventing the petitioners from entering into Bogapuram road, which prompted the petitioners to submit a representation on 4.07.2008 to respondents 1 to 3 by registered post. The grievance of the petitioner is that the 3rd respondent did not consider the request with a mala fide intention to harass them at the instance of the defendants in O.S.No.101 of 2004.
5. In the above background, the present writ petition came to be filed in the year 2008, alleging illegality, arbitrariness and contravention of the provisions of Section 144 of the Andhra Pradesh Panchayat Raj Act, 1994, (hereinafter called, ‘the Act’).
6. This Court as long back as on 29.08.2008 issued Rule Nisi and granted interim direction in W.P.M.P.No.20868 of 2008, directing the respondents not to interfere with the petitioners’ right to enjoy Bogapuram Road situated on the Southern side of their property. Despite service of notice, no counter affidavits have been filed so far by the respondents, either denying the averments made in the writ affidavit or in the direction of justifying the impugned action. The interim order granted by this Court has been in existence since August 2008.
7. In order to substantiate their pleadings and contentions, the petitioners placed on record the representation submitted by them to the Revenue Divisional Officer, and the order dated 4.04.2008 passed by the Revenue Divisional Officer, ordering conversion of their property from agricultural to non-agricultural purpose, and a plan annexed thereto. By referring to the said plan, it is submitted by the learned counsel for the petitioner that southern side boundary of their property is a road.
8. As per the provisions of Section 144 of the Act – all public roads, markets, wells, tanks, reservoirs and waterways vested in or maintained by a Gram Panchayat shall be open to use for enjoyment of all persons, irrespective of their caste and creed. The said provision of law imposes an obligation on the Gram Panchayat to maintain the same for the purpose of using and enjoying the same by the villagers.
9. In the present writ petition, it is the categorical case of the petitioners that the 4th respondent-Sarpanch and 3rd respondent-Gram Panchayat made an attempt at the instance of third parties to raise a construction in the road margin to prevent the petitioners from entering into the road. In view of the language employed in Section 144 of the Act, in the considered opinion of this Court, the said action is impermissible. In the absence of any counter affidavit of the respondents, this Court has no other option except to dispose of the writ petition basing on the material available on record.
10. For the aforesaid reasons, the writ petition is disposed of, directing the respondents not to interfere with the rights of the petitioners for their ingress and egress into Bogapuram road and the 3rd respondent Gram Panchayat shall also adhere to the mandatory provisions of A.P. Panchyat Raj Act. No order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed.
JUSTICE A.V. SESHA SAI.
25th July, 2014 Js.