THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 20469 of 2002 O R D E R: This Writ Petition has been instituted by a resident of Cheepurupalli Village in Vizainagaram District seeking a writ of Mandamus for declaring the action of the respondents, more particularly that of the 4th respondent – the Mandal Engineering Officer in further extending the existing road from Konda Sambham to Cheepurupalli via Kanaka Mahalakshmi Temple, through land situate in Survey No. 14 of Sumitrapuram Village, Cheepurupalli Mandal, Vizainagaram District, as arbitrary and illegal. The claim of the writ petitioner is that this road formation work has been undertaken quite unauthorizedly and contrary to the administrative sanction accorded by the District Collector, Vizainagaram, under the ‘Food for Work’ scheme. The writ petitioner submits that he was in possession and enjoyment of the agricultural land admeasuring Ac.0.89 cents in Survey No. 14 of Sumitrapuram Village, Cheepurupalli Mandal and that he is depending upon this land for purposes of carrying on agricultural operations therein. He submits that this is the only source of his livelihood and that the proposed road under the ‘food for work’ scheme is undertaken and laid and he has been completely displaced. Hence, he has instituted this Writ Petition. It is sought to be relied upon by the learned counsel for the writ petitioner that the District Collector, Vizainagarm, through his proceedings Rc.No. 2424/2001/CPP/D2, dated 21.02.2002 had accorded an administrative sanction to the Mandal Parishad Development Officer, Cheepurupalli for formation of road from Konda Sambham to Cheepurupalli-Laveru via Kanaka Mahalakshmi temple at an estimated cost of Rs.2.50 lacs under the ‘Food for Work’ scheme. By inappropriately considering and taking up this work, the interests of the petitioner and other similarly placed persons, who have been cultivating these otherwise cultivable lands, will get completely displaced. Further, agricultural land should not be converted for non- agricultural purposes, thus, adversely affecting the livelihood of the dependants. The District Collector, Vizainagarm has filed a counter-affidavit in the matter, explaining that Sumitrapuram Village was earlier an estate village, which was taken over under the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition & Conversion into Ryotwari) Act, 1948 and the Village was surveyed and settlement rates were introduced in the Village and during the survey settlement operations, land in Survey No. 14 admeasuring Ac.14.90 cents stands classified as Narappa tank having ayacut of Ac.25.43 under it. During 1406 Fasili year, which corresponds to the Christian Era 1996, the ayacutdars submitted a representation to the Mandal Revenue Officer, Cheepurupalli for removing the encroachments in Narappa tank, which was resulting in diversion of water. Thus, the objectionable encroachments have been got removed, duly following the legal procedure, from Narappa tank. Therefore, the writ petitioner has occupied an extent of Ac.0.30 cents by raising bunds in the said tank and in this regard, his encroachment has been accordingly recorded in B. Memo Register. Over a period of time, without heeding to the advises tendered by the revenue administration, the petitioner went on to extend the bunds and boundaries of his occupation, which by the year 2002, came to Ac.0.88 cents. At this stage, the State Government declared Cheepurupalli Mandal as a drought affected Mandal due to adverse seasonal conditions and with a view to provide employment to the wage earners, ensuring security of food for them, Government has released huge quantities of rice for undertaking various works under ‘Food for Work’ scheme. That is how the work relating to the formation of road from Konda Sambham to Cheepurupalli-Laveru via Kanaka Mahalakshmi temple has been administratively sanctioned and necessary approvals have been accorded. In fact, the road is marked up to 14.4 in the sketch that has been prepared while the land occupied by the petitioner is in 14.5 in the sketch. In view of the necessity of formation of a road, for public mobility and transportation facilities of the citizens around, the said work has been undertaken. It is further asserted that in drought affected mandals, ‘Food for Work’ scheme is one of the recognized sources for creating security of food amongst the wage earners. Therefore, the overwhelming public interest demands that such works are to be undertaken. The petitioner apparently does not have any legal right whatsoever to occupy the land belonging to the State. He has no right of any manner to squat on Government property and yet, expect the State not to undertake works of public importance and public necessities. His personal rights, if any, will have to yield to the larger interests of the community. Since the writ petitioner failed to demonstrate any existing right of his own either encroaching or continuing to squat on Government property, I consider that this is not the appropriate of the recourses which the petitioner can undertake by preventing the State from undertaking works of public importance. The Writ Petition is therefore, dismissed. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 22nd June 2010 ksld