THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.33474 of 2013 Between:
Dated 22nd January, 2014 Sri Sai Ram Rajakula Sangham And …Petitioner The Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioner: Sri V.Surya Kiran Kumar Counsel for respondent Nos.1 to 4: AGP for Revenue The Court made the following:
ORDER:
The petitioner is a Society consisting of persons belonging to washer men community. It is averred that an extent of Ac.0.09½ cents in Survey No.110 of Vepagunta Village, Pendurthi Mandal, Visakhapatnam classified as gedda poramboke is being used by the washer men for washing clothes for time immemorial and that the Executive Director, BC Corporation has requested the Commissioner of Greater Visakhapatnam Municipal Corporation, Visakhapatnam to sanction the proposal for using the said land as dhobhi khana vide his letter, dated 29.12.2006. The petitioner has also relied on letter, dated 31.05.2010, of respondent No.3, addressed to the Executive Director, BC Corporation, Visakhapatnam wherein he has referred to the Tahsildar’s report proposing to set apart the land for dhobhi khana and requested to clarify whether there is any sanction of dhobhi khana in favour of the petitioner. In his recent letter, dated 14.11.2013, respondent No.3 has requested respondent No.4 to submit a detailed report on the proposal of allotment of the above-mentioned land in favour of the petitioner for the purpose of construction of dhobhi khana. In this writ petition, the grievance of the petitioner is that while keeping the proposal for allotment of the land for dhobhi khana pending, the revenue authorities in general and respondent No.4 in particular have been interfering with the right of the members of the society to use the property as dhobhi khana.
On 22.11.2013, the learned Assistant Government Pleader for Revenue (Assignment) has taken notice and requested for time for instructions. Today, at the hearing, the learned Assistant Government Pleader submitted that while there is no dhobhi khana in existence, the washer men have been using the gedda poramboke for washing clothes with the aid of the granite slabs and that during the recent NGOs strike, the members of the petitioner-society have sought to construct pucca dhobhi khana without former allotment of the land and that on coming to know about the same, pucca structures raised by the members of the petitioner-society have been removed. She further submitted that as the proposals for allotment of land are still pending, except removal of the pucca structures, the revenue authorities have not been interfering with the activity being carried on by the members of the petitioner-society.
From the material placed by the petitioner before the Court, it is evident that the proposal for allotment of dhobhi khana is pending at least from the year 2006. As referred to above, in the recent communication, dated 14.11.2013, respondent No.3 called for a detailed report. Indeed, this Court is at a loss to know on the necessity of such a report when respondent No.3 himself had referred to the earlier report, dated 17.04.2010, of respondent No.4 in his letter, dated 31.05.2010, addressed to the Executive Director, BC Corporation, Visakhapatnam wherein he has categorically mentioned that as per the said report, respondent No.4 has requested approval of the proposal for dhobhi khana.
Respondent No.2 is therefore directed to forthwith consider the claim of the petitioner for allotment of land for dhobhi khana in the light of the report in Rc.No.301/2010/A, dated 17.04.2010, of respondent No.4, and communicate the decision within a period of one month from the date of receipt of a copy of this order. Till a final decision is taken, the respondents are restrained from interfering with the use of the land by the members of the petitioner-society for washing clothes.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.41653 of 2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd January, 2014
VGB