THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE RAJA ELANGO DATED: 08-09-2010 WRIT PETITION No. 9894 OF 2009 Between: Kamidi Katam Raju ..... PETITIONER AND The District Collector, East Godavari District at Kakinada and two others .....RESPONDENTS THE HON’BLE SRI JUSTICE A. GOPAL REDDY AND THE HON’BLE SRI JUSTICE RAJA ELANGO WRIT PETITION No. 9894 OF 2009 JUDGMENT: (per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition in the form of public interest litigation is filed by the petitioner to declare the action of the respondents in allotting land in Survey No. 182/7 of Peddapuram Village and Mandal, East Godavari District under Rajiv Gruhakalpa and other local bodies as the said land was allotted to the bonded labour as per the provisions of the Bonded Labour System (Abolition) Act, 1976, as arbitrary and illegal. In the writ petition, the petitioner stated that house site pattas were granted in the said survey number to the bonded labour wherein a shed was constructed leaving certain area for the school building by Sarva Shiksha Abhiyan (SSA), but the same is now being allotted to influential persons for the purpose other than for which it was earmarked viz., for Rajiv Gruhakala and other local bodies which should be stopped and house site pattas should be granted to the bonded labour to whom pattas have not been granted. In the counter filed on behalf of the respondents, Revenue Divisional Officer, Peddapuram, the 2nd respondent herein disclosed that bonded labour of Peddapuram Town were granted house site pattas in Survey No. 182/2 of Peddapuram in the year 1988. Survey No. 182/2 is classified as Chinakonda, a hill poramboke as per ‘A’ register. The beneficiaries who are provided with the house sites pattas of Ac.0.02 ½ cents belong to Kalavanthula community and that the Survey No.182/7 is adjacent to Survey No. 182/2 and at the time of preparation of lay out, an extent of Ac.0.38 cents in Survey No. 182/7 was earmarked for communal site and a work shop for bonded labour workers was constructed in an extent of Ac.0.06 cents in the said communal site, which is not in use at present and in a dilapidated condition. The Municipal Commissioner addressed letter dated 10-04-2003 informing sanction of Rs.1,50,000/- by the District Collector for a new building under SSA and directing leaving of 400 square meters of vacant site in Survey No.182/7. According to the 2nd respondent, after leaving six cents of site for workshop and an extent of two cents for school building, still an extent of 30 cents is available in the said area which can always be used for any public purpose. While so, one Gulla Venkateswara Rao and Kosuri Veerabhadrachari styling themselves as President and Secretary of bonded labour colony filed Pre Litigation Case No. 82 of 2004 before the Chairman, Senior Civil Judge, Mandal Legal Service Committee, Peddapuram against the construction of school building in Survey No. 182/7 and the same was disposed of on 25-06-2005 directing them to approach appropriate forum. Later, the petitioner filed the present writ petition. It is further stated in the counter that on the requisition made by Municipal Commissioner, Peddapuram in Roc.No.723/09, dated 18- 11-2009 for alienation of Ac.0.12 cents of land in the said survey number for extension of the existing school building and also for play ground for SSA, Rs.3,00,000/- were sanctioned for the said purpose by proceedings dated 07-09-2009 by the Collector and Chairman, Rajiv Vidya Mission (SSA). The land earmarked for communal site is Ac.0.38 cents wherein a workshop in an extent of Ac.0.06 cents was constructed for bonded labour and a school building was constructed in an extent of ac.Ac.0.02 cents and that the remaining extent of 30 cents is lying vacant. It is denied by the 2nd respondent that the area earmarked for communal sites for bonded labour is proposed to be allotted to Rajiv Gruhakalpa. It is further stated that the meager extent of Ac.0.30 cents is not sufficient for Rajiv Gruhakalpa and other projects. The Government has identified a private land and a huge extent of Acs.23.34 cents was acquired in R.S Nos.182/6 and 189/4, 5 and 6 of Peddapuram Village and an award was passed in Award No.1/2005. The acquired land for the purpose of Rajiv Gruhakalpa is different from the land in Survey No. 182/7. There is no proposal for grant of land to any local body, but the Municipal Commissioner submitted an application seeking alienation of land admeasuring Ac.0.12 cents in Survey No. 182/7 of Peddapuram for SSA school building and the Head Master of the school informed that the District Collector and Chairman, Rajiv Vidya Mission (SSA) vide Rc.No.6/SSA-A/2009, dated 07-09-2009 has released an mount of Rs.3,00,000/- for construction of additional class rooms and if such construction does not take place, the funds will lapse. The Municipal Council also passed a resolution for allotment of Ac.0.12 cents in Survey No. 182/7 for SSA school building in Rajeev Colony and in pursuance of the same, the 2nd respondent submitted proposals to the Collector for allotment of Ac.0.12 cents of land in the said survey number for giving advance possession to the Municipality for extension of SSA building. No reply as such is filed by the petitioner controverting the facts stated in the counter affidavit. Since the bonded labour were provided house site pattas in Survey No. 182/2 and Survey No. 182/7 is adjacent land where Ac.0.38 cents of land is available out of which Ac.0.06 cents is used for the benefit and enjoyment of bonded labour and another Ac.0.02 cents for construction of school building to educate the children of bonded labour colony and also adjacent colonies, the petitioner cannot claim any vested interest in the same and it is also not open to him to contend that it should not be put to use for the purpose of establishing a school. If the petitioners or members of the bonded labour society require any additional area or that the members seek house site pattas, it is open for them to make a representation to the District Collector or the concerned authority. The petitioner is conspicuously silent about making such representation to the authorities for providing house site pattas, and complains that many of the bonded labour who are eligible are not provided with the same. In view of the same, the present writ petition filed by the petitioner in the nature of public interest litigation cannot be entertained. It is accordingly dismissed. A. GOPAL REDDY, J RAJA ELANGO, J 08-09-2010 ks