IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 12996 of 2007 Between: 1 Bazaru Venkatalakshmi W/o. Satyanarayana, Morasapudi Village and Panchayat, Nuzvid Mandal, Krishna District 2 Garapati Mohanakrishna S/o. Atchaiah, Morasapudi village and Panchayat Nuzvid Mandal, Krishna District 3 Papadugu Lakshmi Prasad S/o. Arjun Rao, Morasapudi village and Panchayat Nuzvid Mandal, Krishna District ... PETITIONERS AND 1 The District Collector, Krishna, Machilipatnam Krishna District 2 The Revenue Divisional officer, Nuzvid, Krishna District 3 The Mandal Revenue officer, Nuzvid Mandal Krishna District 4 The Nuzvid Mandal Praja Parishad, Nuzvid,, Krishna District, rep. by its Executive officer 5 The Morasapudi Gram Panchayat, rep. by its Secretary Morasapudi, Nuzvid, Krishna District ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents 1 to 3 in seeking to construct houses under the Indiramma scheme on the Morasapudi- Ramannagudem donka the only pathway for 800 acres of agricultural lands and the only passage for cattle and agricultural products for the area and Vinayaka cheruvu drainage canal in Morasapudi village of Nuzvid Mandal of Krishna District without regard to the provisions of the Land Acquisition Act 1894 as illegal, arbitrary, contrary to the provisions of the AP Panchayat Raj Act, 1994 and the Andhra Pradesh Land and Trees Act,2002 and unconstitutional and consequently direct the respondents to construct houses in any other vacant land available in the village and pass Counsel for the Petitioners: MR.SRINIVASA RAO BODDULURI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER: Petitioners submit that they are the owners of various extents of the agricultural lands situated in Sy.Nos.118/2, 244/1, 79/2, 167/1 and 32 of Morasapudi village, Nuzvid Mandal, Krishna District. They further submit that the only pathway to the aforesaid extents of land and to the agricultural lands in an extent of 800 acres is Morasapudi – Ramannagudem Donka, which is sought to be assigned under the Indiramma Scheme programme contrary to law. 2. Counter has been filed stating that the land in an extent of Ac.0.57 cents in Sy.No.119 and Ac.0.30 cents in Sy.No.78, the total extent of Ac.0.87 cents of land has been identified more suitable for providing house sites under the scheme but the said survey numbers have been classified as Donka Poramboke in the village accounts. 3. Though the said land is suitable for providing house sites, I am of the opinion that Donka Poramboke lands cannot be allotted for house sites as long as it is Donka, which is meant for public purpose. Unless the classification is changed, the Donka Poramboke cannot be assigned towards house sites even under the Indiramma housing programme. 4. Having regard to the facts and circumstances of the case, the respondents are directed not to allot Donka Poramboke lands for house sites, unless and until the classification is changed in accordance with law. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J February 29, 2008 DSK