THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
W.A.No.737 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Heard Dr. Juttukonda Vijaya Laxmi, learned
Government Pleader for Revenue for the appellants and
Mr. P.Venugopal, learned Senior Counsel appearing for
Mr. TCD.Sekhar, learned counsel for respondent No.1.
2. This intra court appeal emanates from an order dated 07.04.2017 passed by a learned Single Judge in W.P.No.19097 of 2006, by which writ petition preferred by the respondent No.1 (hereinafter referred to as 'ex- serviceman') has been allowed and the order dated 28.04.2006 passed by the Joint Collector, Ranga Reddy District (appellant No.3) has been quashed.
3. The learned Single Judge has issued a writ of Mandamus to the appellants herein to assign the land ::2::
admeasuring Acs.5.00 guntas in Survey No.700 situated in Jawaharnagar Village to the ex-serviceman within a period of four weeks.
4. In order to appreciate the grievance of the appellants, relevant facts need mention, which are stated infra:
4.1. The erstwhile State of Andhra Pradesh, sometime in the year 1950, decided to assign the land to ex-servicemen. The State Government, therefore, earmarked an area admeasuring Acs.5977.03 guntas of land. The land was initially under the possession of Military Estate Officer and was put to use for firing practice and anti-tank exercises by Artillery Station, Bollaram. After the military stopped using the land, the erstwhile State Government issued G.O.Ms.No.25 dated 23.10.1952 assigning the land to Labour Department of the State Government to rehabilitate the ex-servicemen. In the light of order of the State Government dated 09.01.1958, a cooperative society namely Jawaharnagar Cooperative Land Colonization Society ::3::
(hereinafter referred to as 'JCLCS') was constituted and was registered.
4.2. JCLCS allotted land to 149 ex-servicemen. As there were allegations of mismanagement against the managing committee of JCLCS with regard to allotment of the land, the Collector by an order dated 27.10.1968 superseded the committee of JCLCS. A Sub-Registrar of Department of Cooperation was appointed as Special Officer to manage the affairs of JCLCS.
4.3. Some of the members of JCLCS submitted a representation to the Collector. The Collector, thereupon, made a recommendation to the State Government for resumption of the land from JCLCS, so that the same could be assigned to the eligible ex-servicemen directly. The State Government accepted the proposal vide G.O.Ms.No.17 dated 05.01.1976. As per the said GO, the land admeasuring Acs.5977.3 guntas situate at Malkaram Village, Medchal Taluk, Hyderabad was directed to be resumed from JCLCS and was directed to be assigned to ex-servicemen ::4::
under the scheme on priority basis. The State Government further directed that the balance of land would be available to be allotted to eligible landless poor of the area. 4.4. The State Government issued Memo on 27.05.1976, by which the authorities were directed to follow the guidelines in G.O.Ms.No.1142 dated 18.06.1954. 4.5. In the aforesaid GO revised guidelines/rules were prescribed for assignment of Government lands. The revised guidelines inter alia provide that Acs.5.00 of dry land or Acs.2.50 guntas of wet land shall be allotted and the same was to be brought under cultivation within a period of three years. The aforesaid GO further provides that the land is heritable, but not alienable and that the land would be assigned only to those ex-servicemen, who are in continuous possession subsequent to allotment of the land in their favour by JCLCS. Thereafter, a clarification was issued on 07.06.1977, by which the State Government provided that assignment be also made to legal heirs of ex-
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servicemen, who were in continuous possession of the land in question.
4.6. The Tahsildar conducted an enquiry and submitted a proposal on 30.08.1982, in which, it was stated that 149 ex-servicemen were the eligible members and they are in possession of the land. It was further pointed out that out of aforesaid 149 ex-servicemen, pattas in D-Form have already been issued to 42 persons. The Tahsildar enclosed a list of the eligible ex-servicemen, as recommended by Zilla Sainik Board, Ranga Reddy District. The Tahsildar also published a notification and it was notified that an enquiry will be conducted in relation to allotment of land by JCLCS and pattas will be issued to all eligible ex-servicemen. After conducting such enquiry, the Tahsildar finalized the names of 102 ex-servicemen.
4.7. Some of the ex-servicemen filed a writ petition viz., W.P.No.528 of 1980 in which a direction was sought to the District Collector and Tahsildar to issue pattas to them as per the allotment made in their favour by JCLCS. The said ::6::
writ petition was dismissed by a learned Single Judge of this Court on 28.01.1986. The order passed by learned Single Judge was challenged in W.A.No.485 of 1986. A Division Bench of this Court by an order dated 23.06.1986 disposed of the said writ appeal and held that if the persons in occupation are forced to surrender the land, they would be entitled to make a representation seeking compensation for development of the land. The State Government, in the meanwhile, resumed the entire land from the JCLCS and alloted major chunk of land admeasuring Acs.5020.00 guntas to various organizations and public sector undertakings.
4.8. Some of the ex-servicemen filed bunch of writ petitions viz., W.P.No.3912 of 1992 and batch seeking a direction to the respondents to grant patta in favour of land in their occupation situated at Jawaharnagar Village, Shamirpet Mandal, Ranga Reddy District and not to dispossess them from the land in their occupation.
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4.9. The aforesaid writ petitions were decided by a common order dated 25.03.2004. The operative portion of the said order reads as under:
In the result, in all the writ petitions, except in W.P.Nos.17041 of 2002, 24015 of 2002, 24819 of 2002, 25681 of 2002, 962 of 2003, 2369 of 2003, 13312 of 2003, 14580 of 2003, 18491 of 2003 and 18703 of 2003, the following order is passed.
(i) Wherever the Ex-serviceman has actually in possession of the land and has brought the land under cultivation within a period of three years from the date of allotment to JCLCS, the Mandal Revenue Officer, shall consider the case and regulate the possession by issuing D-form patta in favour of ex-serviceman or his legal heir wherever necessary;
(ii) It shall be open to all the ex-
servicemen who are petitioners before this Court to appear before the Mandal Revenue Officer, Shamirpet Mandal on 15.04.2004 with a representation and necessary material with regard to the status as ex-serviceman and with regard to possession and other particulars when the Mandal Revenue Officer may fix a date for proper enquiry and complete the enquiry within a period of two months thereafter;
(iii) The Mandal Revenue Officer shall submit a detailed report containing case- wise details to the Joint Collector, Ranga Reddy District who shall sanction/issue patta to eligible ex-servicemen. Till this enquiry is completed, there shall be status ::8::
quo as on today with regard to possession.
(iv) Insofar as writ petitions in the third group mentioned hereinabove i.e., W.P.Nos.17041 of 2002, 24015 of 2002, 24819 of 2002, 25681 of 2002, 962 of 2003, 2369 of 2003, 13312 of 2003, 14580 of 2003, 18491 of 2003 and 18703 of 2003, the matters are disposed of giving liberty to all the petitioners to seek appropriate relief from the Mandal Revenue Officer for assignment of land. As the allegation that they are in possession of the land is denied, no orders as to possession can be passed in their favour, and the interim orders passed by this Court stand vacated;
(v) It shall be made clear that in no case ex-serviceman or any other person shall be allotted more than Acs.5.00 of agricultural dry land or Acs.2.50 of wet land;
(vi) As it is reported that in W.P.Nos.23914 of 2002, 20427 of 2003 and 21470 of 2003 the petitioners purchased land admeasuring less than 400 square yards from ex-servicemen for the purpose of construction of house, if they are eligible under relevant Government Orders, on payment of market value, their cases may be considered:
All the writ petitions stand disposed in terms of the above orders.
4.10. In pursuance of the aforesaid order, ex-serviceman submitted representations. The Mandal Revenue Officer conducted an enquiry and submitted a report on 20.01.2005.
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Thereafter, the Joint Collector, by an order dated 16.02.2006 rejected the claim of the ex serviceman (respondent), on the ground that his name neither appears in the list of 102 eligible allottees nor he is in possession of the same. It was further held that the ex-serviceman is not an ex-serviceman and is not an eligible allottee of JCLCS. Accordingly, the representation filed by the ex-serviceman for assignment of agricultural land was rejected.
4.11. The Writ Petition No.19097 of 2006 preferred by the ex-serviceman was allowed by a learned Single Judge by an order dated 07.04.2017. In the aforesaid factual background, this appeal has been filed.
5. Learned Government Pleader for Revenue (Assignment) submitted that the learned Single Judge ought to have appreciated that an enquiry was conducted by the Mandal Revenue Officer on 20.01.2005. It is further submitted that the aforesaid enquiry report was referred to by the Joint Collector in the order dated 16.02.2006. Therefore, the ::10::
finding recorded by the learned Single Judge that the order dated 16.02.2006 has been passed in contravention of the order dated 25.03.2004 cannot be sustained. It is further submitted that the Joint Collector rightly held that the petitioner was neither the allottee of JCLCS nor was in possession of the said land. Therefore, learned Single Judge erred in holding that the ex-serviceman is entitled to allotment of land.
6. On the other hand, learned Senior Counsel for ex-serviceman (respondent No.1) has supported the order passed by the learned Single Judge and has contended that along with the representation, the ex-serviceman had filed several documents in support of his claim that he was an ex- serviceman and was in possession of the land in question.
7. We have considered the submissions made by both sides and have perused the record.
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8. Paras 14 and 15 of the order dated 07.04.2017, passed by the learned Single Judge in W.P.No.19097 of 2006, read as under:
For a brief period, there was a ban of assignments by the then Government from 19.08.1978 vide G.O.Ms.No.1409 Revenue (Q) Department, but the ban was lifted by a Memo No.2270/Q1/78-3 dt.24.04.1979.
After the lifting of the ban, the District Collector, Ranga Reddy District addressed proceedings No.D1/20234/79 dt.1.8.1979 to the Tahsildar, Medchal Taluq, to issue pattas to ex-servicemen who are in possession of the land. Thereupon, the Tahsildar, Medchal Taluq issued a notification No.B6/195/76 dt.5.10.1979 stating that as per Government instructions lands were being assigned to several persons including the petitioner in Jawaharnagar Village, and if anyone has objection to the assignment he should file objections on or before 10.10.1979. The petitioner's name was mentioned in the said notification at S.No.370.
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9. Learned Government Pleader did not dispute the correctness of the finding recorded in paras 14 and 15 of the order passed by the learned Single Judge. A perusal of aforesaid paragraphs clearly indicates that the ban in respect of assignment of lands was lifted on 24.04.1979. Thereafter, the District Collector addressed a proceeding on 01.08.1979 to the Tahsildar, Medchal Taluq to issue pattas to ex-servicemen, who are in possession of the land. Thereupon, the Tahsildar, Medchal Taluq issued notification on 05.10.1979 stating that as per Government instructions, lands were being assigned to several persons including the ex-serviceman (respondent No.1) in Jawaharnagar Village and if anyone has objection to the assignment, he should file objections on or before 10.10.1979. The name of the ex-serviceman (respondent No.1) was included in the said notification at serial No.370.
10. Thus, from a perusal of aforesaid paragraphs of the order of the learned Single Judge, it is evident that an officer ::13::
of the Government viz., Tahsildar on 05.10.1979 had found the ex-serviceman (respondent No.1) eligible for allotment of the land. Therefore, subsequently another officer of the Government viz., Joint Collector, after a period of 27 years i.e., on 16.02.2006, could not have held that the ex-serviceman (respondent No.1) is not entitled to allotment of the land, that too, without adverting to the documents annexed by the ex- serviceman (respondent No.1) in support of his claim namely (1) Ex-serviceman certificate dated 27.07.1982; (2) certificate of service; (2) Allotment letter of the land dated 25.11.1975; (3) Certificate of service; (4) Pension certificate; (5) revenue receipts of the land for the years 1964-65 to 1990-91; (6) proceedings of JCLCS dated 08.04.1976; (7) letter of the Zilla Sainik Board dated 16.04.1982; and (8) Notification of the Tahsildar, Medchal dated 05.10.1979. It is also pertinent to note that notification dated 05.10.1979 was not even adverted to by the Joint Collector. The notification dated 05.10.1979 issued on ::14::
instructions of the State Government binds it, as well as its officers.
11. Before proceeding further, it is apposite to take note of the findings recorded by the learned Single Judge in para 43 of the order, which reads as under:
Nowhere in the counter-affidavit, the respondents doubted the correctness of the certificate dt.27.07.1982 issued by the Zilla Sainik Board certifying that the petitioner is an ex-serviceman or the land cess receipts filed by petitioner for the years 1964-65 to 1990-91, or proceedings dt.05.10.1979 in Reference No.B6/195/76 issued by the Tahsildar, Medchal Taluq, or the proceedings dt.30.08.1982 in letter No.B1/195/76 of the Tahsildar, Medchal Taluq, addressed to the Joint Collector, Ranga Reddy District, showing the petitioner in possession of the land admeasuring Acs.5.00 in Survey No.700 of Jawaharnagar Village and certifying his eligibility for assignment of the land. Though these documents were produced both before the Mandal Revenue Officer as well as the Joint Collector at the time when the former submitted ::15::
the report to the latter and when the latter passed the impugned order on 28.04.2006, they have not adverted to the same.
12. From a perusal of the aforesaid order, it is evident that the validity of the certificate dated 27.07.1982 issued by Zilla Sainik Board issued in favour of ex-serviceman has not been disputed by the appellants in the counter.
13. The learned Single Judge has taken note of cess receipts filed by ex-serviceman (respondent No.1) for the years 1964-65 to 1991. The validity of the proceeding dated 05.10.1979 issued by Tahsildar, Medchal in reference No.B6/195/76, which shows that the ex-serviceman is in possession of the land question, has also not been disputed.
14. For the aforementioned reasons, we do not find any ground to differ with the view taken by the learned Single Judge in the order dated 07.04.2017 passed in W.P.No.19097 of 2006 .
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15. In the result, appeal fails and the same is, hereby, dismissed. No costs.
As a sequel, miscellaneous petitions, pending if any, __________________ ALOK ARADHE, CJ _______________________ N.V.SHRAVAN KUMAR, J Date: 13.09.2023 LUR