HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 18887 of 2008 Date: 17.06.2014 Between:
Gattu Mallesappa and another …Petitioners And The District Collector, Anatapur and 22 others …Respondents HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 18887 of 2008 O R D E R:
The petitioners pray for Writ of Mandamus declaring the action of respondents in issuing house site pattas to respondents 5 to 23 in Sy.No.468-A (sub-divided as Sy.Nos.468-A1 and A2) in an extent of Ac.1.39 cents of Uravakonda Village and Mandal, Ananthapur District as illegal, contrary to the assignment rules and unconstitutional. The petitioners are the owners and pattadars of neighbouring land in Sy.Nos.470 and 468/B of Uravakonda Village. The petition land, which is claimed by the petitioners, is Rasta Poramboke and the petitioners are using the said Rasta Poramboke as ingress and egress to the agricultural lands covered in Sy.Nos.470-468/B of Uravakonda Village.
The grievance canvassed by the petitioners in the present writ petition is that the conversion of Rasta Poramboke into Assessed Waste Dry and assignment of house site pattas to respondents 5 to 23 is illegal and arbitrary.
In the affidavit filed by the petitioners it is stated that the petitioners applied under Right to Information Act, 2005 (for short ‘the Act) to provide proceedings of the Joint Collector, Ananthapur vide No.E4/6048/07 dated 03.08.2007, Enquiry Report in Rc.No.A2/8388/87 dated 04.11.1987, Revised Plan and Names and other particulars of Class-IV employees/assignees to pursue legal remedies. It is also the complaint in this behalf, while not granting copies under the Act, respondents 1 to 4 are proceeding to grant assignment in favour of other respondents. Hence, the writ petition.
This Court, through order dated 01.09.2008, directed maintenance of status quo. The respondents filed petition to vacate the interim order and in reply, it is stated that the resumption on which the present writ petition is filed, namely that the petition land as Rasta Poramboke, is not correct inasmuch as, as early as 18.02.1977, the District Collector passed orders changing the classification from Rasta Poramboke to Assessed Waste Dry. Several assignments of house site pattas were also made and the grievance is made while the respondents are issuing house site pattas to Class-IV employees in respect of small extents of land. As regards ingress and egress complained in the affidavit, it is stated in the reply that sufficient land is set apart for convenient enjoyment of petitioners of their land in neighbouring land and there are no merits in the writ petition.
The reply of the respondents is categorical that there was conversion of Rasta Poramboke into Assessed Waste Dry, assignments were granted and that the petitioners’ interest of having ingress and egress is also taken care.
Though the learned counsel for the petitioners vehemently contends that the stand taken in the reply does not stand to reason, inasmuch as except the averments, there is no record supporting the stand taken by the respondents.
In view of disputed questions of fact, which are required to be adjudicated before any relief is granted, I consider it appropriate to grant four weeks time to petitioners herein to file appeal against the assignment complained in this writ petition. The appeal shall be filed before the District Collector/1st respondent and the District Collector entertains the appeal without reference to delay that has occasioned during the pendency of this writ petition.
It is an admitted fact that the 2nd respondent has not issued copies of various documents requested by the petitioners under the Act. Therefore, the 2nd respondent is also directed to furnish the copies of proceedings of the Joint Collector, Ananthapur vide No.E4/6048/07 dated 03.08.2007, Enquiry Report in Rc.No.A2/8388/87 dated 04.11.1987, Revised Plan and Names and other particulars of Class-IV employees to whom assignments have been made, to petitioners to pursue their legal remedies.
With the above directions, the writ petition is disposed of. No order as to costs. The status quo granted on 01.09.2008 shall be directed to be maintained for a period of three months from today. It is for the petitioners to obtain appropriate orders from the 1st respondent. Consequently, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
S.V.Bhatt,J Date: 17.06.2014 KLP