Telangana High Court
Hameeda Banu And 8 Others vs State Of Telangana And 3 Others on 4 December, 2023
THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION No.39550 of 2022
ORDER:
(Per the Hon'ble Sri Justice N.V. Shravan Kumar)
Mr. Md.Abdul Hameed, learned counsel for the petitioners.
Dr. Juttukonda Vijaya Laxmi, learned Government Pleader for
Revenue (Assignment) for the respondents.
2. In this writ petition, the petitioners have prayed for the following
relief:
"That this Hon'ble Court may be pleased to issue an
appropriate writ, direction or order declaring the action
of the respondents herein in denying patta of the land
assigned to the Ex-Servicemen hyder Ali Khan (father of
the petitioners herein) and in resuming his assigned
land for some other purpose is arbitrary, illegal and
against the orders issued vide G.O.Ms.No.17 Revenue
(Q) Department Dt.05.01.1976, and consequently direct
the respondent herein to grant patta in favour of the
petitioners herein in respect of the land assigned to
their deceased father; in the alternative pay
compensation of Rs.15,00,000/- to the petitioners
herein, in lieu of the 5 acres of land as has been
directed by this Hon'ble Court vide its order
Dt.13.08.2008 made in W.P. No.9672 of 2003 and pass
such other order or orders may deem fit and proper in
the circumstances of the case."
3. The petitioners claim to be the legal heirs of their deceased
father, who claims to be an ex-serviceman and they have sought for
the relief referred to supra on the ground that their father was
HC, J & NVSK, J
allotted/assigned the subject land during the "Distribution of Land"
by the Jawaharnagar Land Colonisation Society to an extent of 5 acres
of dry land forming part of Survey No.173, Malkaram, Medchal Taluq,
Ranga Reddy District.
4. On the other hand, on behalf of the 4th respondent,
while denying the averments of the petitioner, counter affidavit has
been filed, inter alia, stating that the petitioners father's name was not
found in the list of 102 eligible assignees and the petitioners father
was not a member of the JCLCS and his name was not found in the
list of 149 Society members, who have been allotted lands and the
petitioners are not at all in possession of the property. Hence,
issuance of assignment of land or grant compensation in favour of the
petitioners does not arise and the writ petition filed is misconceived
and sought to dismiss the writ petition.
5. It is not out of place to mention here that we are in conscious of
the fact that similar subject matter has already been dealt with by the
Hon'ble Supreme Court and passed order in Civil Appeal Nos.5887-
5890 of 2002 on 10.11.2009, which reads as under:
"Heard learned counsel for the parties.
These appeals have been filed against the
impugned judgment of the Andhra Pradesh High Court
dated 16.6.2000.
The facts in detail have been set out in the
impugned judgment and hence we are not repeating the
same here.
HC, J & NVSK, J
Admittedly, the respondents are illegal
encroachers on the government land. Hence,
ordinarily, they have no right to remain on the said
land unless there is a scheme by the government or
some law made for regularization.
It is not for this Court to make such a scheme or
law for regularization. It is only the concerned
authorities or the concerned Legislature which can
make such a scheme or law.
On the facts of the case, we substitute the
impugned judgment of the High Court by this order
which we are passing today.
We permit the respondents to make a
representation within four weeks from today to the
State Government praying for regularization and it is
up to the State.
Government to accept the representation or not.
If they accept the representation, the Government can
fix the terms on which regularization will be done. If
such a representation is moved within the aforesaid
time of four weeks, the State Government shall decide
the said representation within three months' from the
date of filing the said representation in accordance with
law.
Till the disposal of the representation by the
State Government, respondents shall not be
dispossessed from the land on which they are in
possession.
The Appeals are disposed of accordingly.
No costs."
HC, J & NVSK, J
6. Since the similar issue of Jawaharnagar land had already been
dealt with by the Hon'ble Supreme Court as referred to supra we are
of the considered opinion that in the case on hand there are disputed
questions of facts with respect to the possession of the petitioner on
the subject land. Therefore, the petitioner may avail the remedy in
terms of the order passed in Civil Appeal Nos.5887-5890 of 2002
on 10.11.2009, if so desired.
7. As regards the alternative prayer for payment of compensation
of Rs.15,00,000/- in lieu of the Acs.5.00 of land as has been directed
by this Court vide its order dated 13.08.2008 passed in W.P. No.9672
of 2003 is concerned, admittedly, the petitioners are not the parties in
W.P. No.9672 of 2003 and as such, the alternative relief as sought for
by the petitioners in terms of the order passed in W.P. No.9672 of
2003 dated 13.08.2008 cannot be granted. Therefore, this writ
petition is disposed of in terms of the order passed in Civil Appeal
Nos.5887-5890 of 2002 on 10.11.2009. There shall be no order as to
costs.
As a sequel, miscellaneous applications, if any pending, shall
stand closed.
___________________________
ALOK ARADHE, CJ
___________________________
N.V. SHRAVAN KUMAR, J
Date: 04-12-2023
LSK
