IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.12600 of 2011 BETWEEN Goli Kistaiah and two others.
... PETITIONERS AND The District Collector, Karimnagar District and another.
...RESPONDENTS Counsel for the Petitioners: MR. B. PAPA RAO GOUD Counsel for the Respondents: GP FOR REVENUE (TG) The Court made the following:
ORDER:
Heard the learned counsel for the petitioners and learned Assistant Government Pleader.
2. Petitioners claim that they are in possession of Ac.5.32 guntas in Sy.No.102 of Rekurthi village, Karimnagar Mandal and District for more than three decades and that seeking assignment of the said land in their favour, they had approached this Court by way of WP.No.10787 of 2006. During the hearing of the said writ petition, it was noted by this Court in order dated 28.09.2006, on the representation of the learned Government Pleader, that the said land is classified as tank bed land and as such, cannot be assigned.
In view of that, this Court disposed of the said writ petition giving liberty to the petitioners to make a fresh representation and if such a representation was made, the Mandal Revenue Officer was directed to consider the same including exploring possibility of assigning any other suitable land.
3. In conformity with the said liberty, the petitioners filed representations dated 04.10.2006 and 10.10.2007 requesting consideration of their claim for assignment on the basis of long standing possession. Alleging inaction on the part of the respondents, the present writ petition is filed.
4. Since the only grievance of the petitioners is that their representations are not being considered, I deem it appropriate to direct the second respondent to examine the representations of the petitioners, as aforesaid and as already directed by this Court and if it is not possible to assign the land claimed by the petitioners, their case can be considered for assignment of any alternate land in terms of the policy of the State with respect to assignment. However, appropriate decision, as directed above, may be taken by the second respondent, preferably, within a period of six (6) months from the date of receipt of a copy of this order and the said decision shall be communicated to the petitioners.
The writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J July 10, 2014 DSK