APHC010107162022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 9930 OF 2016 AND 6150 OF 2022 WRIT PETITION NO: 9930 OF 2016 Between: 1. CH.ARUNA KUMARI KRISHNA DIST & 18 OTHERS, - ...PETITIONER AND 1. PRL SECY IRRIGATION DEPT HYD 3 OTHERS, - ...RESPONDENT Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to IA NO: 1 OF 2016(WPMP 12555 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the respondents herein not to raise any constructions in the land covered by RS. NO.39, Koti Nagar, Krishna Lanka, Vijayawada, Krishna District and pass IA NO: 2 OF 2016(WPMP 12556 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 to produce the Adangals for the year 1943 to 1998 in respect of RS.NO.39, Koti Nagar, Krishna Lanka, Vijayawada, Krishna District pending disposal of the Writ Petition and pass 2 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 IA NO: 6 OF 2016(WPMP 50622 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leaver by condoning the delay in filing the counter affidavit and allow the same to come on record, else, this respondents will suffer irreparable loss and injury and pass Counsel for the Petitioner: 1. G.N.V. PULLA RAO Counsel for the Respondent: 1. GP FOR IRRIGATION COMM AREA DEV WRIT PETITION NO: 6150 OF 2022 Between: 1 . SRI KANAKADURGA IRRIGATION EMPLOYEES MUTUALLY AIDED, CO-OPERATIVE HOUSE BUILDING SOCIETY LIMITED REP. BY ITS PRESIDENT B. SESHAGIRI RAO, S/O. RUPULAYYA, AGE 60 YEARS, R/O.VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1 . STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI 522 003 GUNTUR DISTRICT, ANDHRA PRADESH. 2 . THE CHIEF ENGINEER, ADMINISTRATIVE WING, IRRIGATION DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 3 THE EXECUTIVE ENGINEER, K.C. DIVISION, VIJAYAWADA, 3 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 . KRISHNA DISTRICT. 4 . THE SUPERINTENDING ENGINEER, DISTRICT OFFICER (IRRIGATION AND WATER RESOURCES DEPARTMENT), VIJAYAWADA, KRISHNA DISTRICT. 5 . THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, 6 . THE SUBCOLLECTOR AND REVENUE DIVISIONAL OFFICER, VIJAYAWADA, KRISHNA DISTRICT 7 . THE MANDAL REVENUE OFFICER, VIJAYAWADA (EAST), KRISHNA DISTRICT. 8 . THE DISTRICT MEDICAL AND HEALTH OFFICER, KRISHNA DISTRICT, RAMANAIDUPET, MACHILIPATNAM, ANDHRA PRADESH 521001. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 in allowing the 8th respondent (DM and HO, Krishna) and his officials to construct YSR Urban Clinics is illegal, arbitrary, high handed, without the consent of the Irrigation Department and also declare that the action of the respondents 1 to 5 in not allotting the YSR Urban Clinics land admeasuring Ac 0 -33 cents in R S No 39, Ramalingeswara Nagar, Patamata, Vijayawada to the petitioner society even after consent given by the Irrigation Department is illegal, highhanded and violative of provisions of Article 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to take immediate action to stop the illegal construction of YSR Urban Clinics by the 8th respondent in Ac.0.13 cents in RS No.39 (wrongly shown as RS No.139) Ramalingeswara Nagar, Patamata Vijayawada and also consequently direct the respondents 1 to 5 to allot land admeasuring Ac 0 -33 cents in R S No 39, Ramalingeswara Nagar, Patamata, Vijayawada to the petitioner society for construction of residential quarters and pass Prayer is amended as per the Order of this Court dt 30/01/2023 vide Order passed in IA 04/2022. IA NO: 1 OF 2022 4 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to consider the 1 to 5 to take immediate action to stop the illegal construction of YSR Urban Clinics by the 8th respondent by encroaching into Ac.0.13 cents in RS No.39 (wrongly shown as RS No.139) Ramalingeswara Nagar, Patamata Vijayawada, pending disposal of writ petition and pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the interim orders dated 10-03-2022 passed in W.P.No.6150/2022 and dismiss the ase filed by the petitioners and pass such other order or orders as IA NO: 3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to vacate the Status quo order dated 10.03.2022 in W.P.No.6150 of 2022 and pass IA NO: 4 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the petitioner to amend the main prayer of the writ petition as mentioned below : and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.""It is, therefore prayed that this Hon'ble Court may be pleased to issue Writ, order or direction more particularly one in the nature of "Writ of Mandamus' declaring the action of the respondents 1 to 5 in allowing the 8th respondent (DM & HO, Krishna) and his officials to construct YSR Urban Clinics is illegal, arbitrary, high handed, without the consent of the Irrigation Department and also declare that the ac:ion of the respondents L to 5 in not allotting the YSR Urban Clinics land adrneasuring Ac.O-33 cents in R,S.No.39, Ramalingeswara Nagar, Patamata,Vijayawada to the petitioner society even after consent given by the Irrigation Department is illegal, highhanded and violative of provisions of Article 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to take immediate action to stop the illegal construction of YSR Urban Clinics by the 8th respondent in Ac.0.13 cents in RS No.39 5 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 (wrongly shown as RS No.139) Ramalingeswara Nagar, Patarnata Vijayawada and also consequently direct the respondents 1 to 5 to allot land adrneasuring Ac.O-33 cents in R.S.No..39, Ramalingeswara Nagar, Patarnata,Vijayawada to the petitioner society for construction of residential quarters and pass Counsel for the Petitioner: 1. Y V ANIL KUMAR Counsel for the Respondent(S): 1 . GP FOR REVENUE 2 . GP FOR MED HEALTH AND FAMILY WELFARE 3 . GP FOR IRRIGATION COMM AREA DEV The Court made the following: 6 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 COMMON ORDER: These Writ Petitions came to be filed under Article 226 of the Constitution of India seeking the following reliefs:- W.P. No.9930 of 2016 “….to issue a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in trying to dispossess the petitioners from the lands covered by R.S.No.39 of an extent of 52 cents by making permanent construction like Stupam (PYLON) etc., without following due process of law is illegal, unconstitutional and is hit by Article 14, 16 and Article 300(A) of the Constitution of India ....” W.P. No.6150 of 2022 “….to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 in allowing the 8th respondent (DM and HO, Krishna) and his officials to construct YSR Urban Clinics is illegal, arbitrary, high handed, without the consent of the Irrigation Department and also declare that the action of the respondents 1 to 5 in not allotting the YSR Urban Clinics and admeasuring Ac.0-33 cents in R.S. No.39, Ramalingeswara Nagar, Patamata, Vijayawada to the petitioner society even after consent given by the Irrigation Department is illegal, highhanded and violative of provisions of Article 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to take immediate action to stop the illegal construction of YSR Urban Clinics by the 8th respondent in Ac.0-13 cents in R.S.No.39 (wrongly shown as R.S.No.139) Ramalingeswara Nagar, Patamata, Vijayawada and also consequently direct the respondents 1 to 5 to allot land admeasuring Ac.0-33 cents in R.S.No.39, Ramalingeswara nagar, Patamata, Vijayawada to the petitioner society for construction of residential quarters….” 7 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 Since the subject matter of both writ petitions is one and the same, they are being disposed of by this common order. 2. 2. The brief facts in W.P.No.9930 of 2016 are as follows: a)It is the case of the petitioners that an extent of Ac.12.15 cents in R.S.No.39, Krishnalanka was leased out to Agricultural, Labour, Harizan field Labour Co-operative Society way back in the year 1943 and since then the society is in possession of the said land. The petitioners herein are said to be the members of the said society. Out of the said land, an extent of Ac.5.00 cents was given to Armed Reserved Police Co-operative Building Society with the consent of the petitioners‟ society. b) According to the petitioners, at present an extent of Ac.0.52 cents of land in R.S.No.39 is in possession and enjoyment of the members of the society. The petitioners contended that when they approached the Mandal Revenue Officer for issuance of certified copies of Adangals for the year 1943 to 1987, they refused to issue the copies and furnished the copy only for Fasli 1394. c) It is the grievance of the petitioners is that, the respondents are highhandedly claiming the said land belonging to their department and making attempts to raise construction of retaining wall of Krishna Barrage. The said action would amount to dispossessing the petitioners who are in possession and enjoyment of the lands from 1943 through their society, without following due process of law. 8 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 d) The petitioners also relied on the Judgment in O.S.No.1039 of 2004, filed by them as against the Municipal Corporation, whereby the possession of their society was stated to be upheld. 3. When the matter came up for admission on 29.03.2016, this Court passed the following interim order: “The claim of the petitioners is that they are all members of Agricultural, Labour, Harizan field Labour Cooperative Society, and the subject property has been leased out to them and the same is belongs to the society. In that view of the matter, if the property belongs to the society no constructions shall be made without settlement of compensation in favour of the society.” 4. A counter affidavit has been filed on behalf of respondents No.1 to 4 denying the claim of the petitioners and it is stated that even as per the Judgment in O.S.No.1039 of 2004 the plaintiff society was only given lease of the plaint schedule property but no pattas were granted to them. It is further contended that though petitioners are claiming to have issued pattas no documents were filed in respect of the same and that the lease would be only for a limited period and the leased lands are not transferable and that the petitioners are not in possession and enjoyment of the land in R.S.No.39 which in fact is in the exclusive possession and enjoyment of the Government and as such, dispossession of the petitioners who are not at all in possession of the said land does not arise. It is further contended that the employees of 9 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 the Irrigation Department have formed into a society and sought for assignment of land in R.S.No.39 by way of house site pattas in the year 2010, for which, the Irrigation Department had given their consent but the same is not finalized and presently pending with the District Collector/Government. While that being so, the Government intended to construct an Urban Health Clinic in R.S.No.39 in an extent of Ac.0.13 cents, for which, the District Collector sought NOC from the Irrigation Department and the 2nd respondent/The Superintending Engineer, Irrigation Department, Krishna District, who is competent authority has given NOC on 30.07.2022. However, the society of Irrigation employees who sought for house site pattas have filed W.P.No.6150 of 2022 before this Court and obtained status-quo orders. It is further stated that the subject land in this writ petition and W.P.No.6150 of 2022 is one and the same. 5. The brief facts in W.P.No.6150 of 2022 are as follows: a) The petitioners are claiming to be the Class-IV employees working in R.C. Sub-Division of K.C. Division, Irrigation Department, Vijayawada and in pursuance of their representation made in the year 1977 to the 4th respondent requesting to allot house sites to them, the 4th respondent has considered their case and recommended the same to the 2nd respondent vide letter dated 05.02.1998 with a proposal for outright sale of the irrigation land admeasuring an extent of Ac.0-33 cents in R.S.No.39 of Patamata Village, Vijayawada with a condition that the land should be handed over back to the Department 10 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 whenever it is required by the Department for public purpose. Basing on the said recommendations of the 4th respondent, 2nd respondent has granted „No objection‟ for alienating the subject land to the petitioners‟ society and further requested the 4th respondent vide Memo dated 12.02.1998 to obtain consent of the 5th respondent who is the allotting authority. Upon the request made by the 4th respondent, the 5th respondent vide his letter 08.10.1998 has directed the 7th respondent to enquire into the matter and also requested to send the detailed report together with the enquiry report to the 6th respondent on 25.10.2000 and also requested the 7th respondent to act upon the letter of the 5th respondent dated 10.02.1998, as the said issue is pending with him and submit a detailed report in the said matter within seven days. Further, the 3rd respondent vide letter dated 29.09.2003 has again requested the 5th respondent to communicate the consent on the proposal along with the present market value of the land as on that date for taking further course of action in this matter. b) While the things stood thus, all the employees working in R.C. Sub- Division of K.C. Division, Irrigation Department, Vijayawada has formed into a society under the name and style of “Sri Kanakadurga Irrigation Employees Mutually Aided Co-operative House Building Society Limited” under the A.P. Mutually Aided Employees Co-operative Societies Act, 1995 on 16.12.2006 registered with Registration No.AMC/KNA-DCO/2005/136. 11 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 c) While the matter being so, the grievance of the petitioner society is that, the 5th respondent vide proceedings dated 17.07.2021 sought to allot Ac.0-13 cents (578 Square yards) of land in R.S.No.39 of Patamata, Vijayawada to the 8th respondent herein for the purpose of construction of YSR Urban Health Clinics in Vijayawada City without having any authority to allot the Irrigation land to DM&HO, Krishna and also without obtaining consent from the Irrigation Department. Challenging the same the present writ petition is filed. d) It is also the case of the petitioner that they have submitted representations on 17.10.2016, 26.08.2019, 16.09.2019 to the respondents No.4 and 6 requesting to allot the subject land in their favour on payment of market value and the said representations are pending since then. 6. In W.P.No.6150 of 2022, on 10.03.2022, this Court passed the following interim order: “....status quo obtaining as on today shall be maintained in respect of construction of YSR Urban Health Clinics at Ac.0-13 cents in R.S.No.39, Ramalingeswara Nagar, Patamata, Vijayawada.” The said interim order has been extended from time to time. 7. The learned Assistant Government Pleader for Irrigation furnished a copy of the instructions of the 3rd respondent, wherein it is stated that the respondents No.2, 3 and 4 are not competent to allot/alienate the Government lands directly, since no powers are vested with them and the no objection 12 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 proposals submitted are the internal correspondence of the department only. Hence, the said internal correspondence letters cannot be construed or misinterpreted as orders of allotment, as the said correspondence do not bear any sanctity, since the competent authority did not issue any orders allotting the land to the petitioner‟s society. It is further stated that at present no construction activities are being taken up by the DM&HO authorities in the said land. 8. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation for respondents. 9. From the rival contentions and the material placed on record, it is evident that the petitioners in W.P.No.6150 of 2022 are seeking allotment of land in R.S.No.39 in their favour on payment of market value, while the petitioners in W.P.No.9930 of 2016 are claiming to be in possession of the land in the same R.S.No.39. According to the respondents, the subject land in R.S.No.39 is irrigation land under the control of Krishna Central Division, Vijayawada, and an Urban Health Clinic building was proposed to be constructed in an extent of Ac.0.13 cents in R.S.No.39, Patamata Village, and in that regard, no objection was sought for by the District Collector. 10. As per the latest instructions furnished by the learned Assistant Government Pleader for Irrigation, at present no construction activities are being taken up by the DM&HO authorities in the subject land. 13 VS,J W.P.Nos.9930 of 2016 & 6150 of 2022 11. Considering the facts and circumstances of the case, and since the writ petitions are pending since 2016, this Court feels it appropriate to dispose of both these Writ Petitions with the following directions: a) If the petitioners herein are in possession of the subject land as on today, the respondents shall not interfere with their possession over the subject land without following due process of law. b) Further, in W.P.No.6150 of 2022, respondents No.4 and 6 are directed to pass appropriate orders on the representations made by the petitioner society on 17.10.2016, 26.08.2019 and 16.09.2019 in accordance with law. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date :20.08.2025. KGR