ADAPA KANTHAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) The case of the petitioners is that 1st petitioner is mother, petitioners 2 to 4 are brothers; 5th petitioner is vendee of the 1st petitioner. The petitioners are absolute owners and possessors of the Gramakantam land. The petitioners acquired the subject land by inheritance from their father and mother/ 1st petitioner by succession. Since then the petitioners have been possession and enjoyment of the same. While the matter stood thus, the respondents 5 and 6 and their staff came to the petitioners land and measured the land for the purpose of establishment of Bulk Milk Kendram by Amul Product. Therefore, the petitioners approached the respondents 5 and 6, who informed that as per instructions of 3rd respondent, the petitioners has to vacate the land without any notice or called for any explanation from the petitioners which is illegal, arbitrary and hence the petitioners questioned the inaction of the respondents and sought for a direction as stated supra.

(3.) Whereas learned Assistant Government Pleader for Revenue contended that Gram Panchayat is competent to exercise control over all public roads, poramboke etc., in terms of Section 53 of A.P Panchayat Raj Act, without impleading Gram Panchayat, writ petition is not maintainable. He has also drawn the attention of this Court to G.O.Ms.No.187, dated 27.05.2015, issued by Revenue (ASSN.I) Department.