IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3917 of 2002 Between: Rep. by its President Mr.Akuri Subba Rao, S/o.Durgaiah, R/o.9/270, Balaramunipeta, Krishna District, The Krishna District Rajaka Jana Seva Sangam, ..... PETITIONER AND 1 The District Collector, Machilipatnam, Krishna District. 2 The Mandal Revenue Officer, Bandar, Machilipatnam, Krishna District. 3 The Machilipatnam Municipality, Rep. by its Commissioner, Machilipatnam. .....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 issue a writ of mandamus or any other appropriate writ or order or direction more particularly in the nature of writ of mandamus declaring that the action of the respondents in not taking action to prevent encroachments and remove such of them from RS.No.407/2 in Ward No.4 in Machilipatnam municipality inspite of representatives from the petitioner organisation as unconstitutional and illegal and consequently direct the respondents to evict all the encroachments in land in RS.No.407/2 in Ward No.4 in Machilipatnam Municipality and erect fencing and take such protective measures to protect this land after declaring that the respondents are duty bound to prevent such encroachments and remove them when it is brought to their notice and pass such other order. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.1 & 2: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.3917 of 2002 ORDER: The petitioner is an association of washermen at Machilipatnam. On repeated requests made by it, the District Collector-first respondent allotted an extent of Ac.5.00 of land in R.S.No.407/2 in Ward No.IV, in Machilipatnam town for the use of washermen. The grievance of the petitioner is that in February,2002, some persons from different districts have descended and have encroached upon the land. The petitioner contends that though representations were made to the respondents herein no action has been taken to evict the encroachers. This writ petition is filed with a prayer to direct the respondents to remove the encroachments on the allotted land. The second respondent filed a counter affidavit on behalf of himself and the first respondent. The fact that the first respondent issued orders, dated 17.1.1977 allotting an extent of Ac.5.00 of land for the exclusive use of Rajakas, is admitted. It is also stated that a tank was brought into existence over an area of Ac.1-50 cents and rest of the land is being used for drying the clothes. The second respondent further stated that encroachments are noticed on the land referred above, but denied that any representation was made to him. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The first respondent recognized the necessity of the members of the petitioner association and other persons of the community and accordingly allotted Ac.5.00 of land way back in the year 1977. Even from the counter affidavit, it is clear that that land was allotted exclusively for the purpose of washing clothes. A tank was brought into existence over an extent of Ac.1.50 cents and the rest of it is being used for drying the clothes. This being the case, no person including any member of the society can occupy any part of the land exclusively for himself. The land earmarked for the benefit and use of community, cannot be permitted to be either encroached or put to different use. Being the head of the District Administration and particularly, the revenue department, the first respondent, cannot express his inability to contain the brazen acts of encroachments. Such indifference would lead to chaotic situations. It must not be forgotten that respondents 1 and 2 had powers with them to resume the land, in case it was put to different use by the petitioner association itself. It is not out of place to mention here that in the recent past, the Government has undertaken various schemes to provide house-sites to the eligible persons. Such of the encroachers, who are otherwise eligible to be allotted the house-sites, can be considered to be included in the list of beneficiaries at the relevant place. Hence, the writ petition is allowed and the respondents 1 and 2 are directed to remove encroachments over Ac.5,00 of land in Survey No.407/2 of Ward No.1V of Machilipatnam, allotted for establishment of “Dhobi Khana”, within a period of three months from the date of this order. ____________________ L.NARASIMHA REDDY, J 27.11.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA}