1 NV,J W.P.No.2486 of 2020 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO. 2486 OF 2020 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in trying to convert Road Margin Poramboke situated in R.S.No.23/2 of Palangi Village into house sites and distribute the same under Government Scheme Navaratnalu Pedalandariki Illu, as illegal, arbitrary and consequently direct the respondents not to assign house site pattas on the said public road. 2. The case of the petitioners, in brief, is that, the petitioners owned and possessed agricultural lands of various extents in R.S.No.23/2 of Palangi Village, West Godavari District. The respondents are proposing to divide public road as house plots, the subject land is adjacent to the petitioners' property, which is a public road sought to be converted and to provide house sites for eligible beneficiaries. The earlier State dispensation took a policy decision to distribute house sites under the flagship programme of "Navaratnalu- Pedalandariki Illu". In pursuance of the same, some officials from the office of respondents came to the land in R.S.No.23/2 of Palangi Village, which is earmarked for specific community purpose, along with police people, inspected the same for distribution of the said land to the houseless poor in the village. Then the petitioners brought to the notice of the officials 2 NV,J W.P.No.2486 of 2020 that the land was earmarked for community purpose as public rasta (bandidari). Later, the petitioners submitted a detailed representation to respondents brining to their notice that the land is meant for communal purpose. No reply was given and no action was initiated on the representation of the petitioners. Hence the writ petition. 3. Sri Y. Koteswara Rao, learned Standing Counsel appearing for Palangi Gram Panchayat submits that no layout is formed and no house sites are distributed in R.S.No.23/2 of Palangi Village. 4. During hearing, Sri M. R.S. Srinivas, learned counsel for the petitioners contended that, land in R.S.No.23/2 of Palangi Village, West Godavari District is classified as “Puntha” and it cannot be utilized for any other purpose rather than, for which it had been originally classified. He submits that, the subject land was classified as Puntha. Once the subject land was classified as Puntha, the same cannot be converted for any other purpose rather than for which it is originally meant for. If the subject land was converted into house plots, the petitioners and other villagers who are having access to their lands through the cart track and who are having ingress and egress through this puntha to reach their lands will be put to irreparable loss, they lose their „right to way‟, thereby they would be deprived of their livelihood. But, now the respondents are proposing to convert the same into house site contrary to the purpose for which it is meant, which is illegal and arbitrary and requested to issue a direction as stated above. 3 NV,J W.P.No.2486 of 2020 5. At this stage, Learned Government Pleader for Revenue furnished written instructions received from the Tahsildar, Undrajavaram vide Roc.237/2020/DT dated 25.11.2023, wherein it is stated, alternate land under voluntary acquisition was proposed for house sites and the said land in R.S.No.23/2 is not assigned to any third parties and also the physical features and nature of land in R.S.No.23/2 is not changed till date. The petitioners have access to the road from their residences without utilizing the disputed land for ingress and egress. The ingress and egress of the petitioners from their houses to road is not effected by using the said proposed land for government purpose. 6. Heard learned counsel for the petitioners, learned Government Pleader for Revenue, learned Standing Counsel for Gram Panchayat and perused the material available on record. 7. On 10.02.2020, this Hon‟ble Court issued a direction, directing not to assign the property in dispute. On 12.03.2020, another direction was issued directing the respondents not to change the physical features and nature of puntha situated in Sy.No.23/2 of Palangi Village and not to cause any obstruction to the petitioner for the ingress and egress from the puntha to their respective houses until further orders and the said interim orders are being extended from time to time. 4 NV,J W.P.No.2486 of 2020 8. When once the land is reserved for public purpose (called as bandidari), it cannot be converted into house sites and assign the same to the public under any scheme in view of the law laid down by the Apex Court in "Jagpal Singh and others vs. State of Punjab and others1", wherein the Apex Court held as follows: “Para 3: The protection of common rights of the villagers were so zealously protected that some legislation expressly mentioned that even the vesting of the property with the State did not mean that the common rights of villagers were lost by such vesting. Thus, in Chigurupati Venkata Subbayya v. Paleduga Anjayya (1972) 1 SCC 521) SCC Page 529 the Court observed in Para 23 as follows: "23. It is true that the suit lands in view of Section 3 of the Estates Abolition Act did vest in the Government. That by itself does not mean that the rights of the community over it were taken away. Our attention has not been invited to any provision of law under which the rights of community over those lands can be said to have been taken away. The rights of the community over the suit lands were not created by the principal or any other landholder. Hence those rights cannot be said to have been abrogated by Section 3(c) of the Estates Abolition Act." 9. In view of the principle laid down in the above judgment, communal land, though available, cannot be alienated to any third party defeating the common rights of the villagers. 1 AIR 2011 SUPREME COURT 1123 5 NV,J W.P.No.2486 of 2020 10. In view of my foregoing discussion, proposed conversion of land, which is earmarked for communal purpose, for granting house site pattas is illegal and contrary to the provisions of the Act and the Rules framed thereunder. Therefore, the writ petition deserves to be allowed. 11. In the result, writ petition is allowed with the following directions: a. the action of the respondents in taking steps to assign house site pattas in respect of puntha existing in R.S.No.23/2 of Palangi Village, West Godavari District, for purpose of house sites under “Navaratnalu- Pedalandariki Illu” Scheme as illegal or arbitrary. b. The respondents are directed not to proceed to grant house site pattas in puntha existing in R.S.No.23/2 of Palangi Village, West Godavari District, for purpose of house sites under “Navaratnalu- Pedalandariki Illu” Scheme. 12. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J Date: 28.08.2025 SP 6 NV,J W.P.No.2486 of 2020 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2486 OF 2020 28.08.2025 W SP