APHC010198272020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12856/2020 Between: Koppisetti Tirupati Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. C VENKAIAH Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER:- Heard Sri C.Venkaiah, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 2. Challenging the action of the respondents in proposing to allot house site pattas in R.S.No.62 of Challachintalapudi Village, Denduluru Mandal, West Godavari District, which is classified as “Bandi Dari” (Cart Track) cum Kalibata (i.e., Footpath), in favour of the beneficiaries of the scheme viz., “Navaratnalu- Pedalandariki Illu”, the present writ petition is filed. 3. During the course of arguments, learned Assistant Government Pleader for Revenue placed before the Court, copy of the instructions 2 received by him in the case dated 09.07.2020. Perusal of the same, would reflect that out of total extent of Ac.1.54 cents, an extent of Ac.0.50 cents, found to be suitable for providing house sites. However, it is pertaining to observe that this Court in W.P.No.2163 of 2020 in the case of Kukkala Satyanarayana Vs. The State of Andhra Pradesh and others, referring to provisions of B.S.O 15(2) and Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994, observed as under: "According to Section 53 of The A.P. Panchayat Raj Act, 1994 (for short 'Panchayat Raj Act'), all public roads in any village, other than National Highways, State Highways and roads vesting in Zilla Parishad or Mandal Parishad, shall vest in the gram panchayat together with all pavements, stones and other materials thereof, all works, materials and other things provided therefore, all sewers, drains, drainage works, tunnels and culverts, whether made at the cost of the gram panchayat fund or otherwise, in along side or under such roads, and all works, materials and things appertaining thereto. Therefore, drainage poramboke, sewer, canal poramboke and road poramboke are deemed to have been vested on the gram panchayat and the gram panchayat will have control over those properties, since the public roads are public properties and they are constructed for the public purpose.” 4. Placing reliance on the above decision, the action of the respondents in proposing to assign house site pattas in respect of the land classified as “Bandi Dari” ignoring the provisions of B.S.O 15(2) and Section 53 of the Andhra Pradesh Panchayat Raj Act, 1994, is not sustainable. 3 5. With the above observations, the writ petition is allowed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. ____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:22.01.2025 ANI 4 324 THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.12856 of 2020 Date:22.01.2025 5 ANI