Smt.Bandari Posani, W/O Late ... vs The Special Commissioner For Land ...
2021 Latest Caselaw 4547 Tel

    THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                               AND
                THE HON'BLE SRI JUSTICE N. TUKARAMJI

                                 W.A.No.255 of 2012

JUDGMENT:        (Per the Hon'ble the Chief Justice Satish Chandra Sharma)



        The present writ appeal is arising out of the order dated

11.11.2010

passed by the learned Single Judge in W.P.No.21911 of

2002.

The undisputed facts of the case reveal that the land, to an

extent of Acs.5.00 in Survey No.38/1 situated at Bhatti Sawargaon

Village, Adilabad District, was assigned under Laoni Rules, 1950

initially to the husband of the petitioner along with nine other

persons. A report dated 26.06.1990 was submitted by the

Revenue Divisional Officer, Adilabad, stating that the assignment

itself is illegal, keeping in view the G.O.Ms.No.1065 dated

01.05.1961, as the land was situated within the radius of one mile

of Municipal limits. A show cause notice was issued on

28.03.1980 to the ten assignees including Gattaiah, the husband

of the petitioner, and thereafter, an order was passed on

30.04.1981 cancelling the assignment. An appeal/review was

preferred in 1990. The same was dismissed on 20.09.1996.

Thereafter, the writ petition was preferred before this Court. Before

the learned Single Judge, reliance was placed upon the judgments

delivered in the cases of State of Gujarat vs. Patel Raghav

Natha1, P. Mangamma vs. Women's Co-op. Housing Society

Ltd2 and S. Santhanam vs. State of Andhra Pradesh3 and it

was argued that such a revisional power could not have been

AIR 1969 SC 1297

1995(3) ALT 330 (DB)

2006(2) ALT 341 (DB)

exercised under Section 166-B of the Andhra Pradesh (Telangana

Area) Land Revenue Act, 1317 Fasli (for short 'the Act') after lapse

of 20 years. Another ground was also raised before the learned

Single Judge that G.O.Ms.No.1065 dated 01.05.1961 could not

have been taken into account, as another Government Order i.e.,

G.O.Ms.No.1122 was issued on 29.06.1961 extending prohibition

of assignment of Government land in Municipal limits for

agricultural purposes.

The learned Single Judge, after taking into account

G.O.Ms.No.1122 dated 29.06.1961, has arrived at a conclusion

that the land was assigned in May, 1961 and the G.O was very

much in force. He has also arrived at a conclusion that Section

166-B of the Act empowers any Revenue Officer not below the rank

of Collector to exercise suo motu revisional powers and there is no

time limit prescribed. However, after taking into account the

judgments delivered in the cases of State of Gujarat (1 supra), P.

Mangamma (2 supra) and S. Santhanam (3 supra), has arrived

at a conclusion that exercise of such power was certainly with an

unreasonable delay. The learned Single Judge has finally arrived at

a conclusion that the land was resumed on 14.05.1981 and the

same was handed over to Department of Jails vide proceedings

dated 21.11.1986. The Department of Jails has constructed a Jail

Complex over the land. The petitioner, after lapse of six years of

the order dated 20.09.1996 whereby the appeal/review was

dismissed, has approached this court and in those circumstances,

finally the writ petition has been dismissed.

Learned counsel for the appellant is fair enough, at this

stage, in stating that the writ appeal be dismissed, however with a

liberty to the present appellant, who is a widow, to submit a fresh

application, as she is still a landless person and as the petitioner

nor her husband were at fault in the year 1961 when the land was

allotted to her husband. He has further stated that the husband of

the petitioner, who was again an illiterate landless person, was not

aware of the Government Orders issued by the Government and it

was the State Government which committed a mistake in allotment

of land, which could not have been allotted in the light of

G.O.Ms.No.1065 dated 01.05.1961 and the subsequent

G.O.Ms.No.1122 dated 29.06.1961. Learned counsel further prays

for grant of liberty to approach the Government for grant of other

available benefits to landless persons/persons who do not have

dwelling units.

Learned Government Pleader for Revenue is also fair enough

in informing this Court that there are various other schemes under

the Government for persons who do not have dwelling units and

the Government shall certainly look into the grievance of the

appellant.

Resultantly, the appellant/widow is permitted to submit a

fresh representation to the District Collector, who in turn shall

consider her request sympathetically for grant of other benefits

under the other schemes, as informed by the learned Government

Advocate, subject to her eligibility and shall pass appropriate

orders, in accordance with law, within a period of six months from

today.

With the aforesaid, the writ appeal stands disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

___________________________ SATISH CHANDRA SHARMA, CJ

_______________________ N. TUKARAMJI, J 22.12.2021 JSU