IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30673 OF 2024 Between: Mosya Bujjibabu, C/0 Mosya Manikyam, aged 36 years, R/0 3-77, Mala Singaram, Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh- 531149. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principle Secretary, Tribal Welfare Department, A.P Secretariat Office, Velagapudi, Amaravathi, Guntur Dist, Andhra Pradesh. 2. The State of Andhra Pradesh, rep. by its Principle Secretary, Department of Animal Husbandary, A.P Secretariat Office, Velagapudi Amaravathi, Guntur Dist, Andhra Pradesh. 3. The Project Officer of Integrated Tribal Development Agency, (I.T.D.A) Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 4. The District Collector, Alluri Seetharamaraju District, Andhra Pradesh. 5. The Special Deputy Collector, Cum District Revenue Officer, Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 6. The Revenue Divisional Officer, Paderu, Alluri Seetharamaraju District, Andhra Pradesh. 7. The Tahsildar of Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh. ! 8. The Assistant Director (A.H), Veterinary Hospital, Araku Valley, Alluri Seetharamaraju District, Andhra Pradesh. 9. Petteli Dasbabu, (Sarpanch), S/o Buddu, R/0 Pedalabudu village and post, Aaraku valley mandalam, Alluri Seethareimaraju District-531149 ...Respondents 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 issue a Writ Order or direction particularly, one in the nature of writ of Mandamus declaring the action of respondent authorities in kept pending the Grievance Complaint vide its No. ASR202412034747 and ASR202412063027 Dated 06/12/2024 of the petitioner to initiate action against the encroachment over the Government Veterinary Hospital situated at Block-B, Plot No. 29 and 30 of extent Ac. 0.55 cents which is a government land situated at Araku Valley Village and Mandal, Alluri Seetharamaraju District, Andhra Pradesh under section 7A of the Andhra Pradesh Land Encroachment Act, 1905 is as illegal, arbitrary and violation of Fundamental Rights of the petitioner guaranteed under Articles 14, 15, 21 and 300A of the Indian Constitution and consequently direct the respondent authorities to consider the Grievance Complaint vide its No. ASR202412034747 and ASR202412063027 Dated 06/12/2024 of the petitioner in accordance with the law as expeditiously as possible. lA NO: 1 OF 2024 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 authorities to consider the Grievance Complaint vide its No. ASR202412034747 & ASR202412063027 Dated 06/12/2024 of the petitioner in accordance with the law as expeditiously possible. as Counsel for the Petitioner: M/s. NALLANAGULA LALITHA SREE Counsel for the Respondent Nos. 1&3: GP FOR SOCIAL WELFARE Counsel for the Respondent Nos.2 & 8: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent Nos.4 to 7: GP FOR REVENUE The Court made the following order: / \ [3328] APHC010587822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 30673/2024 Between: 1.MOSYA BUJJIBABU, C/0 MOSYA MANIKYAM, AGED 36 YEARS, R/0 3-77, MALA SINGARAM, ARAKU VALLEY, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH-531149. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, TRIBAL DEPARTMENT, WELFARE VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. A.P SECRETARIAT OFFICE 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF ANIMAL HUSBANDARY, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH. 3.THE PROJECT OFFICER OF INTEGRATED TRIBAL DEVELOPMENT AGENCY, (I.T.D.A), PADERU, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 4.THE DISTRICT COLLECTOR, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 5.THE SPECIAL DEPUTY COLLECTOR, CUM DISTRICT REVENUE PADERU, ALLURI SEETHARAMARAJU DISTRICT, OFFICER, ANDHRA PRADESH. 2 6.THE REVENUE DIVISIONAL OFFICER. PADERU, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 7.THE TAHSILDAR OF ARAKU VALLEY, ALLURI SEETHARAMARAJU DISTRICT, ANDHRA PRADESH. 8.THE ASSISTANT DIRECTOR A H, VETERINARY HOSPITAL, ARAKU ALLURI SEETHARAMARAJU DISTRICT, ANDHRA VALLEY, PRADESH. 9.PETTELI DASBABU SARPANCH, S/0 BUDDU, R/0 PEDALABUDU VILLAGE AND POST, AARAKU VALLEY MANDALAM, ALLURI SEETHAREIMARAJU DISTRICT-531149 ...RESPONDENT(S): Counsel for the Petitioner: 1. NALLANAGULA LALITHA SREE Counsel for the Respondent(S): 1.GP FOR ANIMAL HUSBANDARY 2.GP FOR REVENUE 3.GP FOR SOCIAL WELFARE The Court made the following ORAL ORDER: Heard Ms. N. Lalitha Sree, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. In compliance with the Order of this Court dated 26.12.2024, Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the Tahsildar, Araku Mandal, ASR District, dated 08.01.2025. Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3. Relevant portion of the Written Instructions is usefully extracted hereunder: 3 “It is submitted that the Government Veterinary Hospital is existing in Block- B, plot.No.29 (Sy.No.43-1 Ac.0.27 cents & plot. No.30 (Sy.No.43-1 Ac.0.21 cents) total extent of Ac.0.48 Cts of Pedalabudu Village of Araku Valley Mandal in an extent of Ac.0.48 Cts., which is a Government land allotted to the Animal Husbandry Department long back and rendering services to the public The District Collector, ASR District and 4‘*^ respondent herein has allotted Ac.0.06 Cts of Grama Kantham land situated in Sy.No.43-1 of Pedalabudu Revenue Village to Gram Panchayat to construct the shopping complex, in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed scheduled tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No. 19, Dt.5.1.2023 of the Executive body of Pedalabudu Gram Panchayat, vide Progs.Rc.No. 13/2023/B3/ Dt.27.3.2023 of the District Collector, ASR District. The District Collector, ASR District further instructed the Panchayat Secretary/Sarpanch of Pedalabudu Gram Panchayat to carry out the shopping complex work with Gram Panchayat funds in a transparent manner, duly obtaining valid building permission and Estimates from the concerned departments and investments from public representatives and private persons shall not be accepted to execute the work. The District Collector, ASR District further instructed the Divisional Panchayat Officer, Paderu and District Panchayat Officer, ASR District to monitor the work periodically and ensure the power connections must be obtained in the name of Gram Panchayat, Pedalabudu only to avoid unnecessary complications/allegations. It is submitted that the Government of Andhra Pradesh vide G.O.Ms.No.187, Revenue (Assn.1) Department, dated 27.5.2015 declared that the Gramakantham lands are vested in Gram Panchayat and it is the responsibility of the Gram Panchayats to take appropriate action in respect of Gramkantam lands including protection of the lands meant for community. It is further submitted that the Assistant Director, Animal Husbandry Department has requested the Tahsildar, Araku Valley to supply the details of Survey Number, so as to submit the same to their higher authorities for sanction of new building vide his letter dt.6.10.2017 and in turn, the then Tahsildar, Araku Valley Mandal has replied that the land is existing in Block- B, plot.No.29 and 30 of Araku Valley vide letter Rc.No.455/2017/JA/Dt. 11.10.2017. It is further submitted that the Assistant Director, Animal Husbandry Department, Araku Valley Mandal has lodged a complaint before the Station House Officer, Araku Valley against D. Rambabu, S/o.Narayana, stating that the accused has damaged the compound wall of Area Veterinary Hospital, Araku vide his letter Roc.No.41/2024, dt.29.10.2024 and requested to take necessary action to prevent the encroachment of the property of the Government Veterinary Hospital. It is further submitted that the Assistant Director, Animal Husbandry Department, Araku Valley Mandal has lodged a complaint before the Station House Officer, Araku Valley against D.Rambabu, S/o.Narayana, stating that the accused has damaged the^compound wall of Area Veterinary Hospital, Araku vide his letter Roc.No.41/2^4, dt.29.10.2024 and requested to take necessary action to prevent the encroachment of the property of the Government Veterinary Hospital. 4 It is further submitted that the land covered by the present Writ Petition is a Government land. The Government Area Veterinary Hospital is existing in Block-B, plot. Nos.29 & 30 of Pedalabudu Village and Gramakantham land is available adjacent to the Government Veterinary Hospital, which is vacant on ground. It is pertinent to mention here that Araku Valley is a popular tourism hill station, the lands of the village are precious. The subject land is existing the prime locality of the village and vacant on ground. The Government authorities shall exercise their respective powers to bring such vacant lands into utilization for the purpose of community, to generate revenue and to strengthen the local bodies and hence the District Collector, ASR District allotted the Gramkantham land for an extent of Ac.0.06 Cts., for construction of shopping complex, in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed scheduled tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No. 19, Dt.5.1.2023 of the Executive body of Pedalabudu Gram Panchayat, vide Progs.Rc.No. 13/2023/B3/ Dt.27.3.2023 of the District Collector, ASR District. But the petitioner herein contended that the District Collector, ASR District has accorded permission to the Sarpanch of the Village as a political consideration without conducting any enquiry is totally false, baseless and invented to file this Writ Petition. The subject land is a purely government property and as such the petitioner has no title or interest over the schedule land hence he has no locus standi to file this Writ Petition. It is submitted that the petitioner has filed petitions before the District Collector, ASR District under the Public Grievance Redressal system vide petition Nos. ASR202412034747 & ASR202412063027, Dt.6.12.2024. The grievance of the petitioner shall be disposed off basing on the merits as per the service level agreement (SLA) fixed by the Government. The government has fixed the time limit to dispose off such cases is 60 days from the date of filing of the petition. But the petitioner has filed this Writ Petition within 3 weeks of filing of the petition before the District Collector, ASR District." 4. From the above extract, it is clear that the District Collector, ASR District, has allotted the Gramakantham land of an extent of Ac.0.06 cents for construction of shopping complex in order to protect the said Gramakantham land from encroachments and to allot the shops to the educated unemployed Scheduled Tribe youth for their livelihood and to generate revenue to the Grama Panchayat from the proposed shopping complex basing on the Panchayat Resolution No. 19, dated 05.01.2023 of the Executive Body of Pedalabudu Gram Panchayat, vide Proceedings Rc.No.13/2023/B3 dated 27.03.2023 of the District Collector, ASR District. 5 account the contents of the Written Instruction as stated merit in the present Writ 5. Taking into above, this Court is of the opinion that there is Petition. Accordingly, this Writ Petition is dismissed. No Order as to Costs. no 6.Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to M/s. Nallanagula Lalitha Sree, Advocate [OPUC] 2. Two CCs to GP for Social Welfare, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Animal Husbandary, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GPfor Revenue, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies. GSC / / HIGH COURT DATED:23/01/2025 ORDER WP.No.30673 of 2024 AND/y^ 0 7 FEB 2025 o ®9i . Current Section . ^ggSPATCW^ DISMISSING OF THE WP WITHOUT COSTS