THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.18784 of 2007
ORDER: (Per the Hon'ble the Chief Justice Alok Aradhe)
None appears for the petitioners.
Dr. J.Vijaya Laxmi, learned Government Pleader for
Revenue (Assignment) for the revenue officials.
2. In this writ petition, the petitioner has prayed for the
following relief:
For the reasons stated in the accompanying
affidavit, it is hereby prayed that this Hon'ble Court may
be pleased to issue an appropriate writ, order or
direction more particularly one in the nature of writ of
mandamus declaring the action of the respondents in
not issuing the patta certificates as prepared in File No.B6/195/75 dated 05.10.1979 by the Tahsildar, Medchal and also not implementing the judgment of this Hon'ble Court passed in W.P.Nos.3192 of 1992 and batch dated 25.03.2004 in respect of the lands belonging to the petitioners situated in S.Nos.9, 81 and 13 admeasuring Acs.5.00 each situated at 2 Jawaharnagar Village, Shameerpet Mandal, Ranga Reddy District, and consequently declare that the petitioners are entitled for grant of patta and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
3. Petitioners No.1 and 2 claim to be ex-servicemen. Similarly, it is the case of the petitioners that father of petitioner No.3 also was an ex-serviceman. The petitioners have sought the relief referred to supra on the ground that land bearing Survey Nos.9, 13 and 81 measuring Acs.5.00 each in Jawaharnagar Village, Shamirpet Mandal, Ranga Reddy District (hereinafter referred to as, "the subject land"), was allotted to them by the Jawahar Nagar Co- operative Land Colonisation Society. The petitioners claim to be in possession of the subject land and they challenge the action of the respondents in not issuing patta certificates and in not implementing the judgment of this Court passed in W.P.No.3912 of 1992 and batch dated 25.03.2004 in respect of the subject land. 3
4. We have heard learned Government Pleader for Revenue (Assignment).
5. Counter affidavit has been filed on behalf of the revenue officials. Learned Government Pleader for Revenue (Assignment) submits that the subject land is a Government land. It has also been stated that the names of either petitioners No.1 and 2 or the father of petitioner No.3 are not found in the list of eligible persons entitled for allotment of the subject land, which was prepared by the Jawahar Nagar Co-operative Land Colonisation Society. It has also been submitted that the petitioners are not in possession of the subject land and that vide order dated 25.03.2004 passed in W.P.No.3912 of 1992 and batch, liberty has been given to the ex-servicemen to appear before the Mandal Revenue Officer, Shamirpet Mandal, on 15.04.2004 with a representation with regard to possession and other particulars. Thereupon, the Mandal Revenue Officer has been directed to fix a date for proper enquiry and to complete the enquiry within two months thereafter. 4 The petitioners herein were not the petitioners in the aforesaid batch of writ petitions.
6. We have carefully perused the averments as well as the documents annexed to the writ petition.
7. Petitioners have only produced a copy of the document titled as "Distribution of land" which refers to the Jawahar Nagar Land Colonisation. In the aforesaid document, reference has been made to the order of allotment dated 09.11.1966. Neither the order of allotment nor a copy of the general body of the Jawahar Nagar Co- operative Land Colonisation Society has been annexed. The petitioners have annexed a notification dated 05.10.1979 issued by the Revenue Department of Government of Andhra Pradesh by which the objections for assignment of land in question have been invited. It is pertinent to mention here that in the said notification, the subject land has not been mentioned. The patta certificate annexed at page No.39 of the paper book shows that some 5 land has been assigned to one Mohd. Sharfuddin. The petitioners have not annexed any document in support of their claim that the subject land is either allotted to them or their father.
8. In view of the specific stand taken by the learned Government Pleader for Revenue (Assignment) that the subject land is a Government land and has neither been allotted to the petitioners or their father nor they are in possession of the same, it was obligatory for the petitioners to have annexed the documents in support of their claim that the subject land is allotted to them. The petitioners have not filed any reply affidavit to the counter affidavit nor have they annexed the documents.
9. In the absence of any material that the subject land was allotted to the petitioners, no relief as prayed for by the petitioners in this writ petition can be granted.
10. In the result, the writ petition fails and the same is accordingly dismissed.
6
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ N.V.SHRAVAN KUMAR, J 08.09.2023 vs