IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE R. SUBHASH REDDY WRIT PETITION No.18996 of 2008 Between: Bandi Aditya Prasad & another. … Petitioners And Mandal Parishad Development Officer, Attili Mandal, West Godavari District & others. … Respondents This Court made the following: THE HON’BLE MR. JUSTICE R. SUBHASH REDDY WRIT PETITION No.18996 of 2008 ORDER:- Though the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the parties, the Writ Petition is taken up for hearing and being disposed of by this order. This Writ Petition is filed with the prayer, which reads as under: “… Hon’ble Court may be pleased to issue writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in taking steps to fill up the murugu drain situated on the North of Attilipali road of Attili Village and converting the cart-way in Sy.Nos.740, 746 and 754 of Attili Village and Mandal, West Godavari District for any purpose other than the present use, as illegal and arbitrary consequently directing the respondents to drop all further proceedings in this regard.” It is the case of the petitioners that they are agriculturists and are cultivating the lands admeasuring Ac.1.33 cents and Ac.4.00 covered by Sy.Nos.571/4, 569/5 and 611/2, and 613/1 and 614/1 respectively situated at Attili Village and Mandal, West Godavari District. It is their further case that there is a cart-way in between their lands and Attilipalli road. The said cart-way is used by the villagers for the purpose of taking double bullock carts to the lands from the village side and to carry on their agricultural activities. The grievance of the petitioners is that though there is a cart-way through the land, which is notified as cart track poramboke, the same is sought to be converted for the purpose of providing house sites to the weaker sections, which is not permissible. The Tahsildar, Attili Mandal, West Godavari District, has filed a detailed counter affidavit. In the said counter affidavit, while denying the allegations of the petitioners, it is stated that the total ayacut of the land is Ac.170.00, but not Ac.300.00, as claimed by the petitioners. It is further stated that the Gram Panchayat has passed a resolution requesting to utilise the cart- track poramboke land for the purpose of providing house sites to the houseless poor leaving a portion of the land for the purpose of cart- track and free flow of water during rainy season. It is further stated that no final decision has been taken for conversion and that when the Gram Panchayat was considering for passing resolution, the petitioners have approached this Court, as they have some grudge against the persons, who are sought to be benefited by grant of house sites. It is also stated that under the Board Standing Orders, the District Collector is the competent authority for change of classification of the lands keeping in view the public interest. Therefore, the Writ Petition is misconceived and liable to be dismissed. In this case, it is not in dispute that the disputed land is notified as cart-track poramboke, as such, the question of using it without conversion does not arise. As it is stated in the counter affidavit that the District Collector is the competent authority and yet no conversion is ordered by the competent authority, I deem it appropriate to direct the respondents not to use the disputed land, which is covered by a cart-track poramboke, for the purpose of house sites till appropriate orders are passed by the competent authority. At the same time, the petitioners are permitted to submit their objections before the District Collector for conversion of the land from cart-track poramboke to assessed waste dry (AWD) land. On filing such objections, the District Collector shall consider the same while considering conversion of the disputed land from cart-track poramboke to AWD land. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ________________________ R. SUBHASH REDDY, J Date: 16.09.2011 ES Though the interlocutory matters are listed for hearing, at the request of the learned counsel for the parties, the Writ Petition is being disposed of. This Writ Petition is filed with the prayer, which reads as under: “… Hon’ble Court may be pleased to issue writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in taking steps to fill up the murugu drain situated on the North of Attilipali road of Attili Village and converting the cart-way in Sy.Nos.740, 746 and 754 of Attili Village and Mandal, West Goavari District for any purpose other than the present use, as illegal and arbitrary consequently directing the respondents to drop all further proceedings in this regard.” It is the case of the petitioners that they are the agriculturists and are cultivating the lands admeasuring Ac.1.33 cents covered by Sy.Nos.571/4, 569/5 and 611/2 and Ac.4.00 covered by Sy.Nos.613/1 and 614/1 situated at Attili Village and Mandal, West Godavari District; that there is a cart-way in between their lands and Attilipalli road and that the same is used by the villagers for the purpose of taking double bullock carts to the lands of the petitioners from the village side and to carry on their agricultural produce. The grievance of the petitioners is that though there is a cart-way through the land, which is notified as cart track poramboke, the same is sought to be converted for the purpose of providing house sites to the weaker sections, which is not permissible. It is their case that as the land is notified for cart track poramboke, it is not permissible for grant of house sites. The Tahsildar, Attili Mandal, West Godavari District, has filed a detailed counter affidavit, wherein. While denying the allegations of the petitioners in the counter affidavit it is inter alia stated that the total ayacut of the land is Ac.170.00, but not Ac.300.00, as claimed by the petitioners; and . It is further stated that the Gram Panchayat has passed a resolution requesting to utilise the cart-track poramboke land for the purpose of providing house sites to the houseless poor leaving a portion of the land for the purpose of cart-track and free flow of water during the rainy season. It is further stated that The counter further states that no final decision has been taken for conversion of the land and that when the Gram Panchayat was considering for passing resolution, the petitioners have approached this Court, as they have some grudge against the persons, who are sought to be benefited by grant of house sites, that. It is stated that under the Board Standing Orders, the District Collector is the competent authority the for change the of classification of the lands keeping in view of the public interest and that. Therefore, the Writ Petition is misconceived and is liable to be dismissed. In this case, as it is not in dispute that the disputed land is notified as a cart-track poramboke, In that view of the matter, the question of using it without conversion will not arise. As it is stated in the counter affidavit that the District Collector is the competent authority and as yet no conversion is ordered by the him competent authority, I deem it appropriate to dispose of the Writ Petition directing the respondents not to use the disputed land, which is covered by cart- track poramboke, for the purpose of house sites till appropriate orders are issued by the competent authority. At the same time, I direct the petitioners to make their objections before the District Collector for conversion of the land from cart-track poramboke to assessed waste dry (AWD) land. If any such objections are filed by the petitioners, the District Collector shall consider the same while considering for conversion of the disputed land from cart-track poramboke to AWD land. Subject to the above directions, the Writ Petition is disposed of. No order as to costs.