JALLA RAVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is directed against an order passed by the District Collector and Magistrate, East Godavari at Kakinada, through his endorsement dated 21.05.2011, rejecting the application submitted by the writ Petitioner herein on 28.06.2008, seeking regularization of his occupation of land of an extent of Ac.0.31 cents in Survey No. 565/1B of Kolamuru Village, Rajahmundry Rural Mandal, East Godavari District.

(2.) The essential facts are not in dispute. Land of an extent of Ac.0.31 cents belonging to the Irrigation and Command Area Development Department of the Government of Andhra Pradesh lying in R.S. No. 565/1B of Kolamuru Village has been occupied/encroached upon by the Petitioner. When the State Government has announced its policy decision through their G.O. Ms. No. 166 Revenue (Assn. POT) Department, dated 16.02.2008, proposing to transfer rights to certain specified categories of occupants of unassigned government lands, the writ Petitioner submitted an application on 28.06.2008 seeking the benefit of the said policy decision. Since his application has not been taken up for consideration and kept pending, he has approached this Court on the previous occasion by instituting Writ Petition No. 5516 of 2011. This Court, by an order passed on 07.03.2011, directed the District Collector, East Godavari to consider and pass appropriate orders in accordance with law upon the said application of this writ Petitioner and hence, the District Collector has passed the impugned order dated 21.05.2011.

(3.) Before I proceed any further, it would only be appropriate to notice that the policy decision of the State which was announced through their G.O. Ms. No. 166, dated 16.02.2008, in paragraph 10, set out, in detail, the general disqualifications for transfer of rights. One of the important disqualifications is that sites required for public purpose cannot be considered for transfer. Further, all transfer of rights will have to be in conformity with the applicable Acts and Rules. The State Government, obviously, to prevent misuse of its power, in the matter of acquisition of land for public purposes, has announced another policy decision through their G.O. Ms. No. 783, Revenue (Land Acquisition) Department, dated 09.10.1998, whereunder, it has been made clear that land acquired for a public purpose under the Land Acquisition Act, 1894 shall be utilized for the same purpose for which it was acquired as far as possible, and in case the land is not so required for the said purpose, such land shall be utilized for any other public purpose, as considered appropriate, including forestation.