HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 18462 of 2009 Dated: 11.09.2014 Between:
Jana Banjar Hakkula Seva Sangam, (Regd. Society bearing No.83/2006) Near ITDA Complex, Palvancha, Rep. by its District President Ajumeera Lakipati Naik, R/o.Lakshmidevipalli Village, Palvancha Mandal, Khammam District.
…..Petitioner And The District Collector, Khammam District and three others.
…..Respondents The Court made the following:
HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 18462 of 2009 ORDER :
The petitioner-Society professing to canvas the grievance of its members has filed the present writ petition for Mandamus declaring the action of respondents in trying to interfere with peaceful possession and enjoyment of the members in Survey No.1 of Lakshmidevipalli Village, Palvancha Mandal, Khammam District as illegal, arbitrary, unconstitutional and consequently direct respondents not interfere with the peaceful possession of members of petitioner-Society in Survey No.1 of Lakshmidevipalli Village, etc.,
2. At the out set, it is noted that the consequential prayer is definitely not available to the petitioners having regard to the fact that the land in Survey No.1 of Lakshmidevipalli, Palvancha Mandal, Khammam District is a Government land and at best the eviction shall be in accordance with law.
3. The averments in brief are that the members of petitioner-Society are in possession and enjoyment of small
portions of land in Survey No.1 of Lakshmidevipalli Village. The petitioner-Society espousing to cause of its members has been representating to the District Collector, Khammam, ITDA, Bhadrachalam and Revenue Divisional Officer, Palvancha, for grant of house site pattas. The petitioner- Society has taken steps for getting land allotted for construction of homes for old and destitute tribals. On 11.01.2008 the 1st respondent directed the Revenue Divisional Officer, Palvancha, to identify suitable Government land and submit report on availability of Government land together with a sketch for considering the representation of the petitioner-Society. The petitioner refers to a few letters exchanged between the respondents on the representations given by the petitioner-Society. At the end of the narration, it is to be noted that assignment to the members of the petitioner was given as yet. The respondents without recourse to law, have threatened to dispossess the members of petitioner-Society. The names of members of petitioner-Society are as follows:
In the opinion of this Court for the purpose of disposal of the present writ petition, the other averments are not relevant.
4. This Court, through order, dated 02.09.2009 granted interim direction as prayed for. The respondents filed petition to vacate the interim order, dated 02.09.2009. The 3rd respondent has given complete details of Survey No.1 of Lakshmidevipalli Village. Survey No.1 is an extent of Ac.1000.00 gts. of land. Assignments in an extent of Ac.85.20 gts. in Survey No.1 were made to as many as 22 petitioners (SC/ST/OC). Through order, dated 18.05.1989, the assignments were cancelled. It is stated that neither the deponent of writ affidavit nor the members of petitioner- Society are from the category of assignees referred to above. It is stated that there is reserve forest in an extent of Ac.500.00 gts., Government land in an extent of Ac.414.20 gts and Kharaj Khata in an extent of Ac.85.20 gts. The details of enjoyment of Kharaj Khata are given. It is further averred that the District Collector, Khammam, through office order Rc.No.B/278/07, dated 23.10.2007, proposed for alienation petition land in favour of A.P. Tourism Development Corporation. It is stated that the members of petitioner-Society have neither authority nor entitlement to raise structures, much less, temporary structures in petition land. It is stated that Lakshmidevipalli Village now is part of urban area of Palvancha and valuable Government land. A few averments relating to the manner and mode of operation by the deponent of the writ affidavit are also stated in the counter-affidavit. Briefly referred to, it is stated that the deponent of writ affidavit firstly is misleading the tribals and secondly encouraging land grabbing in the name of Society or otherwise. The deponent further says that a few temporary structures located in Survey No.1 were removed by the revenue officials. In effect, the 3rd respondent opposes the claim of the petitioner-Society in all fours.
5. The petitioner filed reply affidavit to the counter-affidavit of the 3rd respondent. While trying to explain the allegations on the deponent of writ affidavit, an attempt to persuade this Court to appreciate the ground realities is also made. This Court in the present writ petition cannot certainly go into these aspects of the matter. The members, it is not disputed in the counter-affidavit belong to scheduled tribe and are representing for allotment of dwelling house or site. As regards possession of members of petitioner-Society vis-à- vis Survey No.1 from the material available on record, I am not proposing to record a finding in this behalf. At the instance of Society, the members of petitioner-Society if intend to represent to the respondents for grant of house site pattas, I consider it appropriate to grant four weeks time from today and on receipt of representation, the same shall be disposed of within a further period of two months from the date of receipt of the representation. The respondents will consider the representation in accordance with law and eligibility of applicants and pass appropriate orders. As no opinion on possession vis-à-vis petition land is expressed in the instant order, to meet the ends of justice, parties are directed to maintain status quo with regard to the possession as on date till a decision is taken by the respondents.
6. With the above observation, writ petition is disposed of. No order as to costs.
7. Miscellaneous Petitions, if any, filed in this writ petition shall stand closed.
S.V. BHATT, J 11th September 2014.
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