DOKKU RAJU BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is a resident of Maredumaka Village, Kankipadu Mandal, Vijayawada, Krishna District. He occupied an extent of Ac.0.03 cents comprised in Survey No.41 of the said Village and allegedly raised a thatched hut. The petitioneralso alleges that the officials of the Irrigation Department have also given no objection for raising the hut. Be that as it is, he made an application to the third respondent for grant of patta in respect of the land, which is allegedly in his possession/The same was pursued by him on number of occasions. According to the petitioner though the revenue officials got an enquiry conducted into his application and though the drainage wing expressed no objection, patta was not granted, but, ultimately, by endorsement No.Rc.A.694/2004, dated 31 -03-2006, he was informed that as the land in occupation of the petitionerforms part of a drainage poramboke, the same cannot be assigned to him. He was advised to remove the encroachment. The petitioner, therefore, seeks redressal before this Court.

(2.) Learned Counsel for the petitioner submits that under Board Standing Order 15(4)(ii)(h), the assignment of land, which is a water-course poramboke, is alon prohibited, and therefore, the endorsement given by the third respondent is unsustainable. This is refuted by the learned Assistant Government Pleaderfor Revenue.

(3.) The relevant Board Standing Order reads as under. 15(4)(ii). The assignment of the following classes of lands is prohibited:- (a) to (g) omitted. (h) Water-course porambokes, namely, margins of channels, streams, etc.