IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 26067 of 1999 Between: 1 I. Venkata Krishnaiah, S/o Peda Subbaiah, R/o Chinna Pavani (V), Linga Samudram Mandal, Prakasam Dist. 2 S. Balaiah, S/o Kodaiah, R/o Chinna Pavani (V), Linga Samudram Mandal, Prakasam Dist. 3 J. Mohan Rao, S/o Malayadri Linga Samudram MPP., R/o Chinna Pavani (V), Linga Samudram Mandal, Prakasam Dist. 4 V. Prasada Rao, S/o Subaiah, R/o Chinna Pavani (V), Linga Samudram Mandal, Prakasam Dist. 5 S. Subba Rao, s/o Kodaiah, Ayacutdar Association, R/o Chinna Pavani (V), Linga Samudram Mandal, Prakasam Dist. 6 B. Rama Rao, s/o B. Subbaiah, R/o Satyanarayanapuram (V), Linga Samudram (M), Prakasam dist. 7 K. Prasada Rao, S/o veera Raghavaiah, R/o Satyanarayanapuram (V), Linga Samudram (M), Prakasam dist. 8 dr. Ch. Narsimha Rao, S/o Koti Lingeam, R/o Peddapavani (V), Linga Samudram (M), Prakasam dist. 9 G. Chinnaiah, S.o Mala Kodaiah, R/o Peddapavani (V), Linga Samudram (M), Prakasam dist. 10 M. Subbaiah, S/o Narasaiah, R/o Muthyalapadu (V) Linga Samudram, Prakasam dist. 11 Y. Hazarathaiahm, S/o Okkeiah, R/o Anneboyanapally (V), Linga Samudram, Prakasam dist. 12 K. Venkateshwarlu, S/io Nagaiah, R/o Anneboyanapally (V), Linga Samudram, Prakasam dist. 13 A. Anjaiah, S/o A. Kondaiah, R/o Puretipally (V) Gudluru (M), Prakasam dist. 14 G. Narisimha Rao, s/o G.Sreeramulu, Puretipally, Gudluru (M), Ayacutdars Association. R/o Puretipally (V), Gudluru (M), Prakasam dist. 15 S. Ankaiah, s/o Narasima R/o Puretipally (V) Gudluru (M), Prakasam dist. 16 V. Venkateshwarlu, s/o Basavaiah, R/o Puretipally (V) Gudluru (M), Prakasam dist. 17 K. Krishna Rao, S/o Venkata Subbaiah, R/o Dharakanipadu (V) Gudlurur (M), Prakasam dist. 18 G. Shesshamma, W/o Mala Kodaiah, R/o Dharakanipadu (V) Gudlurur (M), Prakasam dist. 19 M. Vajramma, W/o M. Prabudas, R/o gullaplem (V) Gudlurur (M), Prakasam dist. 20 S.K. Nissar Ahmed, S/o Moulasaiab, R/o Dappalamapadu (V) Gudlurur (M), Prakasam dist. 21 M. Rama Devi, W/o Jyachandra Reddy, Machavaram (V), Kandukur (M), Prakasam Dist. 22 S. Koti reddy, S/o S. Subba reddy, Machavaram (V), Kandukur (M), Prakasam Dist. 23 E. Pramila, W/o Ramalingaiah, Machavaram (V), Kandukur (M), Prakasam Dist. ..... PETITIONER(S) AND 1 The Govt of A.P., Rep by Secretary, Revenue Department, Secretariate Building, Hyderabad. 2 the Commissioner Cum Director of Agriculture, Basheerbag, Hyderabad. 3 the Dist Collector, Ongole Prakasam dist., 4 the Mandal revenue Officer, Linga Samudram Mandalam, Prakasam dist. 5 Sri Dr. Divi Sivaram, s/o Kondaiah, At Present MLA., Kandukur Assembly Constituency, Prakasam Dist. .....RESPONDENT(S) 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 to issue a writ or order or direction or more particularly one in the nature of writ or direction or more particulalrly one in the nauture of writ of Mandmus declaring the G.O.Ms.no.608 Revenue (ASSN.II) Departnment dated 4-8-99 of the Government of AP Ist Respondent herein and the Consequential Proceedings of the Dist Collector Praksam Dist issued in D.Dis E.-2/3503/99 dated 12-11-99 as arbitrary illegal unjust unfair and legally a malified one and pass Counsel for the Petitioner:MR.M.RAVINDRANATH REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26067 of 1999 ORDER: Petitioners seek to issue a Writ of Mandamus declaring the action of the 1st respondent in passing the order in G.O.Ms.No.608, dated 04- 08-1999 and consequential proceedings issued by the 3rd respondent in D.Dis.No.E-2/3503/99, dated 12-11-1999, as illegal and arbitrary. The Government-1st respondent through order, dated 04-08-1999 in G.O.Ms.No.608, accorded permission for resumption of the land admeasuring Ac.516-30 cents in Sy.Nos.8, 9, 18, 19, 168, 179, 182, 190, 194, 201 and 208 situated at Chinna Pavani Village, Lingasamudram Mandal, Prakasham District, which was allotted to the Agricultural Department for the purpose of establishment of Seed Multiplication Farm, as the said land is vacant and notified as assessed waste, and further accorded permission to assign the said land in favour of landless poor persons. Pursuant to the said order, the 3rd respondent issued order in proceedings D.Dis.No.E-2/3503/99, dated 12- 11-1999, requesting the 4th respondent to take necessary action as per the orders of the 1st respondent. This court, while admitting the writ petition on 21-12-1999, granted interim suspension and on filing vacate stay application by the Government, the stay was vacated, which reads thus: “On a request made by the District Collector, Prakasham District, the Government issued the impugned G.O. permitting the District Collector to resume the land in S.Nos.8, 9, 18, 19, 168, 179, 182, 190, 194, 201 and 208 of Chinnapavani Village which was assigned to Department of Agriculture for the purpose of establishment of Seed Multiplication Farm. The petitioners, who were allegedly depending on the said Seed Multiplication Farm for their seed needs are before this Court impugning the orders of the Government. It is not denied that the land admeasuring Acs.516.30 in the above said survey numbers absolutely vests in the Government and no citizen, much less the petitioners can have any objection if the Government orders that their land be used by one Department instead of another Department whatever the purpose may be. In view of this, balance of convenience is not in favour of writ petitioners. The interim order dt.21.12.1999 is therefore vacated. The W.V.M.P. is allowed and the W.P.M.P. is dismissed accordingly.” Aggrieved by the said order, the petitioners filed W.A.No.1624 of 2002 before this Court and a Division Bench of this court dismissed the Writ Appeal through order, dated 05-02-2003. It is the case of the petitioners that the Government accorded permission for resumption of the land in question at the instance of the 4th respondent and, therefore, the action of the Government is malafide and without any justification. It is further stated that Rallapadu project was breached and the Government failed to restore repairs for a period of five years without any justification and that the reason for discontinuation of Seed Multiplication Farm is due to lapses on the part of the Government for taking repairs and as the Seed Multiplication Farm was established for the benefit of ryots, such a facility cannot be taken away. A counter has been filed stating that the entire land was kept fallow because of the breaches occurred to the Rallapadu Reservoir project in November, 1994, due to cyclone, and as such, the seed multiplication could not be taken up in the Chinnapavani Farm since 1994 and the entire land is kept vacant. The Farm is fully depending upon the water from Rallapadu Reservior and the Bore well is not suitable for the Seed Multiplication Farm and, therefore, the Government decided to make use of the said land for assignment in favour of the landless poor for agricultural purpose. I am of the opinion that it cannot be said that assignment of the said land in favour of the landless poor, for agricultural purpose, is not for public purpose or that there is malafide intention. Several landless poor will get benefit, if the said land is assigned for the purpose of cultivation, as the usage of the land is not changed and instead of Seed farming, landless poor will cultivate the said land and eke out their livelihood. In view of the aforesaid facts and circumstances of the case, I am of the opinion that it cannot be said that there is any malafide intention in according permission for resumption and for allotting the said land in favour of landless poor persons, that too for agricultural purpose. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 20-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJS}