Bairoju Chulkamma vs State Of Telangana And 3 Others
2022 Latest Caselaw 145 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
         THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI


                      WRIT APPEAL No.855 of 2019

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




     The present writ appeal is arising out of order dated

30.10.2019 passed in W.P.No.23683 of 2019 by the learned Single

Judge.

     The undisputed facts of the case reveal that the State of

Telangana    has        issued         G.O.Ms.No.185,                   Revenue   (Assn-I)

Department, dated 11.03.1997 to allot agricultural land/house

plot, as the case may be, to the freedom fighters and Sri

B.Lakshmaiah, husband of the writ petitioner, was entitled for

allotment of plot. The petitioner before the learned Single Judge is

a widow of freedom fighter and the aforesaid fact is not in dispute.

The widow was entitled for allotment of 300 square yards of plot.

However, she was allotted only a small portion of 80 square yards

vide proceedings dated 14.09.2015 and in those circumstances,

she came up before this Court by filing a writ petition.                              The

entitlement of the widow is not in question and the only question

before the learned Single Judge was whether the widow was

entitled for allotment of 300 square yards or not.

     The facts of the case further reveal that earlier the widow has

preferred a writ petition i.e., W.P.No.11729 of 2015 and the same

was dismissed as withdrawn on 15.10.2019. The widow thereafter

preferred a second writ petition i.e., W.P.No.23683 of 2019 and the
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learned Single Judge has observed that no successive writ petitions

can be filed on same cause of action.

      Learned counsel for the appellant/widow has argued before

this Court that the widow was given assurance by the district

authorities that they will be allotting 300 square yards of plot to

her and in those circumstances, she withdrew the writ petition and

being an old and illiterate lady, she did not sought liberty to file a

fresh writ petition.

      The factum of filing an earlier writ petition is not in dispute.

However, this Court is dealing with a case of extraordinary person,

who was a freedom fighter, and on account of whose efforts, today

we are breathing in a free country. The widows of such freedom

fighters cannot be permitted to beg before the authorities for their

rightful claim and this is one such case where the widow is

certainly entitled for 300 square yards of plot. The widow is not

claiming any charity. As the State Government has taken a policy

decision to allot 300 square yards of plot to the freedom fighter, she

is certainly entitled to 300 square yards.

      A reply has been filed in the matter and the reply makes it

very clear that in Warangal District from where the widow hails, 9

plots were allotted and all of them are of 300 square yards.

Meaning thereby, in respect of other freedom fighters in Warangal

district, the State Government has allotted 300 square yards of

plots. However, the poor widow, who is before this Court, is singled

out and the arguments raising a hypotechnical issue regarding

maintainability of writ petition and writ appeal are being canvassed

before this Court.
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      In the considered opinion of this Court, it is the duty of this

Court to respect and honour the widow of a freedom fighter and the

State Government in its wisdom has rightly issued G.O.Ms.No.185,

dated 11.03.1997 for allotment of 300 square yards to the freedom

fighters/widows of freedom fighters. The Government Order has

been implemented in respect of all nine persons in Warangal

District by allotting 900 square yards of land to each of the

claimant.

      Keeping in view the facts and circumstances of the case, as

the entitlement of the widow is not in dispute and she is entitled for

allotment of 300 square yards, the order of the learned Single

Judge is set aside and the respondents are directed to allot a plot

to the widow of a size having 300 square yards within a period of

30 days from today.

With the aforesaid, the writ appeal stands allowed.

Miscellaneous petitions, if any, shall stand closed. There

shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J 19.01.2022 ES