KUMPATLA APPA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India initially against respondent Nos.1 to 4 seeking the following relief: "to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in seeking to utilise the land of an extent of Ac.0.72 cts in S.Nos.385 and 380 with all subdivisions therein situate in Tatiparthi Village, Gollaprolu Mandal, East Godavari District, acquired and earmarked for community purposes in the year 1985, for purpose of house sites under Navaratnalu- Pedalandariki Illu Scheme as illegal or arbitrary."

(2.) Later, respondent Nos.5 to 9 are impleaded as per the orders in I.A.No.02 of 2021 dtd. 18/8/2021.

(3.) The case of the petitioner, in brief, is that respondent No.1 acquired an extent of Ac.5.11 cents in S.No.385/1, 2, 3, 3A, 3B, 4, 5, 6, 380/2, 3 in Tatiparthi Village, Gollaprolu Mandal, East Godavari District for the purpose of distribution of house sites to the houseless poor persons. Respondents prepared layout and got approved the layout, house sites were distributed to the landless poor in the year 1985 by respondent No.4 each of an extent of Ac.0.03 cents in the above land. All the petitioners and other patta holders constructed their houses and living therein. Thus, the petitioners are in possession and enjoyment of the assigned land along with 80 other persons, who constructed their houses and living therein. At the time of approval of layout, Ac.0.72 cents was left in the layout for community purpose i.e. for Public Park, playground and community hall etc. The petitioners have been submitting representations from time to time for utilisation of the same for community purpose without any avail. While so, the officials from the revenue department visited the village especially layout and promised to take steps for sanction of funds for construction of public park, community hall etc. So far, no action is taken in the said direction though decades are rolling by.