Duddu Machiyya, v. State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27523 OF 2017 DATED : 18.08.2017 Between :

Duddu Machiyya S/o.Late Adiseshaiah, Aged 32 yrs, Occu : Cultivation, R/o.Koniki Village, Inkollu Mandal, Prakasam District.

..

Petitioner And State of Andhra Pradesh, Rep., by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District & others .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27523 OF 2017 ORDER :

Heard.

2.

Petitioner claims to be resident of Koniki Village, Inkolu Mandal, Prakasam District. According to the petitioner, he is in occupation of agricultural land to an extent of Ac.0-81 cents in Sy.No.364 of Koniki Village, and has been eking out his livelihood by cultivating the said land. While so, the respondents are trying to evict him forcibly and the said action is illegal. 3.

Learned Government Pleader produced instructions furnished to him by the Tahsildar, Inkollu Mandal, vide his letter Rc.B/563/2017 dated 16.08.2017. The instructions would disclose that in Sy.No.364 the total extent of land i.e., Ac.1-81 cents is classified as burial ground poramboke and there are no sub-divisions in the said land and that the land is a Government land. It appears there are 20 Muslim families in the village who require proper burial ground. Out of Ac.1-81 cents in the above survey number, Ac.0-71 cents is on ground and that land admeasuring Ac.0-60 cents is being utilized as burial ground by the Brahmin community and also Dudekula community.

Government now intend to allot Ac.0-50 cents to Muslim community to utilise for their burial ground which is encroached by the petitioner.

4.

According to these instructions petitioner is already in encroachment of Ac.2.62 cents of land in Sy.No.500/26 of the

- 3 - same village, obtained pattedar pass book and title deed, as if it was purchased by him.

5.

Except for the averments that he is in occupation and enjoyment and that he is landless poor person, no other material is placed on record to show that petitioner is in possession and enjoyment by cultivating the land. Whereas, the revenue record entry filed by the petitioner itself would show that land was identified as Burial ground. The instructions furnished by the Tahsildar would strengthen this statement. No cultivation can be permitted when the land is classified as burial ground and no other person can be allowed to illegally enjoy the public land. In the larger public interest the same is required to be allocated as burial ground. Thus, no interference is called for at this stage and no relief as sought for can be granted to the petitioner. 6.

Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 18th August, 2017 Rds