THE HON’BLE SRI JUSTICE BILAL NAZKI WRIT PETITION No. 31498 of 1997 Date: 26-07-2006. Between : P.Nagulu Naidu. …..Petitioner And The District Collector, Chittoor District, Chittoor & others. …..Respondents. THE HON’BLE SRI JUSTICE BILAL NAZKI WRIT PETITION No. 31498 of 1997 ORDER : Heard learned counsel for the parties. The petition has been filed seeking a direction that respondents should not interfere with the pipeline laid in the Kalva Poramboke Land in Survey No.326/2 of Ramireddipalle village, Chandragiri Mandal, Chittoor District. He claimed that he had a right to use the land, which, admittedly, belonged to the Government, as Tahasildar, in the year 1981, had permitted him to lay down the pipeline, which he was taking through the Government land for irrigating his lands. According to the counter-affidavits, this land was intended for the purpose of giving house sites to 37 persons belonging to the deprived community. The petitioner filed this writ petition and obtained an order of stay and ultimately the Government gave up the idea of handing over this land to 37 persons and as such, these persons suffered for almost a decade. This Court passed an order on 05.07.2006, which is reproduced hereinbelow— “Admittedly, the land in Survey No.326/2 of Ramireddipalle village, Chandragiri Mandal, Chittoor District, is Kalva Porumboke land and belongs to the Government. This land was identified ten years before for the purpose of allotment of house sites to the deprived sections of the people. The petitioner has laid pipes over the said land for irrigating his agricultural land. He claims that he was permitted by the authorities concerned to lay down the pipes. But prima facie, that would not entitle him to stop the Government from using its own land. Learned Counsel for the respondents submits that because of the interim order passed by this Court, the Government, ultimately, had given up the activity of giving house sites to 37 persons. In this view of the matter, the interim order granted by this Court on 28-11-1997 is vacated.” Thereafter, the Mandal Revenue Officer concerned was directed to be present in the Court along with the record. The Mandal Revenue Officer, Chandragiri has produced the record and has also filed the counter- affidavit. The petitioner relies on an order of Tahasildar purported to have been passed on 18.05.1981. This permission, according to him, bears D.Dis.No.1941/81. According to the Mandal Revenue Officer, there is no such letter issued by the Tahasildar on 18.05.1981 and records do not disclose that there was any such letter ever written. On the other hand, the petitioner has not placed on record any copy of that letter, but he has placed a copy of the letter dated 16.05.1997, which has been written by one Sri G.N.Raj, Mandal Revenue Officer. In this letter, he recommended to the District Collector that the petitioner should be allowed to use the Government land as he had laid down pipeline for irrigating his land and the site should not be given to Dalits of adjoining village for construction of their houses. This letter, obviously, was written by Sri G.N.Raj to help the petitioner, who, in the garb of having laid pipeline beneath the land, had grabbed valuable property of the Government, which Government wanted to use for construction of houses for Dalits. Prima facie it appears that the permission dated 18.05.1981 was a non-existent permission and a reference was made to it by Mr. G.N.Raj only to help the petitioner and to deprive Dalits of the house sites. Therefore, the matter should be examined by the Government and if necessary, Sri G.N.Raj and the petitioner should be prosecuted in a Court of law. This writ petition is without merit and is accordingly dismissed. This Court is informed that the pipeline has already been removed from the land. But since the petitioner, by manipulating the records, has obtained a stay from this Court which has resulted in depriving 37 families belonging to the deprived sections of the society to get house sites for ten years, therefore, costs of rupees one lakh are imposed on the petitioner. ________________ (BILAL NAZKI, J) 26th July 2006 ajr