M. Joseph S/O.M. Papaiah vs The Secretary To Government , ...
2023 Latest Caselaw 2115 Tel

         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

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.

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.

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

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.

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