THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.19231 of 1998 Date:24.01.2008 Between: S.Prem Kumar and another …..PETITIONERS AND The Collector and others. …..RESPONDENTS ORDER: This writ petition is filed in public interest. The petitioners are residents of Purushottam Puram, Ichapuram, Srikakulam District. The petitioners state that a Municipal Primary School is existing adjoining the National Highway No.5 within the limits of Ichapuram Municipality and that it is catering to about 200 students mostly from weaker-sections. It is stated that though the Government earmarked an extent of Ac.4.00 to the school, at present, there is hardly Ac.1.00 in its possession and from out of the said land, the Government has alienated an extent of Ac.0.25 cents in favour of the Central Excise Department, the first respondent herein. The petitioners challenge the said alienation. On behalf of the first respondent, a counter-affidavit is filed stating that construction of a check post became necessary at Ichapuram, which is almost an entry point to the State of Andhra Pradesh and that an extent of Ac.0.25 cents was allotted to it without causing any disturbance or hindrance to the functioning of the school. The learned counsel for the petitioners submits that though a large extent of Government land is available around the school, a prime area of Ac.0.25 cents forming part of the school ground was allotted to the first respondent and that the same would cause serious disturbance to the functioning of the school. He further contends that whatever may have been the justification in allotting the land in the year 1998, the fact remains that the National Highway has since been shifted to a place outside the town and the check-post, if at all, has to be constructed at the bypass road. The learned Assistant Solicitor General appearing for the first respondent submits that though the National Highway has been shifted to bypass Ichapuram Town, the land alienated to the first respondent is necessary for the purpose of construction of quarters for the staff. The learned Government Pleader for Revenue submits that the area, which was initially allotted to the school admeasuring Ac.4.00, has since been retrieved. It is also his case that inasmuch as the National Highway has been shifted, the first respondent can be allotted either by way of acquisition or otherwise. The petitioners do not claim any right in themselves with reference to the land i.e. subject matter of the writ petition. Their effort is only to ensure that the Municipal School runs without any hindrance or disturbance. After hearing the learned counsel for the parties at length on 20.10.2007, this Court directed the District Collector, Srikakulam, the second respondent herein to get the land in Sy.No.25/2 demarcated and ensure that the boundaries for Ac.4.00 of land earmarked for the school are fixed. Further directions were also issued. On compliance with the same, the second respondent caused the necessary steps to be taken by the Assistant Director of Survey and Land Records, Srikakulam and Tahsildar, Itchapuram, the third respondent. A detailed report is submitted, together with a sketch. The extent of Ac.4.00 earmarked for the school has been demarcated. It is also mentioned that since the National Highway has been shifted, it may become necessary to cancel or annul the previous allotment of land to the first respondent and to make available, the land at the suitable place by way of acquisition for allotment. It is not in dispute that the alignment of the National Highway has since been changed and a bypass road has been laid. The check post as well as the staff quarters, if at all, are to be built adjoining the newly laid road. For all practical purposes, the land that was allotted from out of the premises belonging to the school becomes untenable. Respondents 3 and 4 must also take necessary steps to provide fixed and permanent boundary covering the land of Ac.4.00, which is earmarked for the school. For the foregoing reasons, the writ petition is disposed of, directing that: (a) respondents 3 and 4 shall take necessary steps, if necessary, by mobilizing additional funds to construct compound wall or permanent fencing around Ac.4.00 of land earmarked for the school, within a period of six months from the date of receipt of a copy of this order. (b) the second respondent shall consider the feasibility of allotting suitable extent of land to the first respondent adjoining the newly laid National Highway within a period three months from the date of receipt of a copy of this order. As and when such allotment is made, the earlier allotment made in favour of the first respondent from out of the school premises shall stand cancelled and on such cancellation, it shall become part of the school premises. (c) in case the first respondent is not allotted any land, he shall be entitled to construct the staff quarters in the land that was already allotted to them and in such an event, the consideration received from the first respondent shall be made over to the school. There shall be no order as to costs. ______________ 24.01.2008 kdl