THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 1494 OF 2012 Date of Judgment: 10.7.2014 Between:
K.R. Rajeswara Rao And …Petitioner The State Government of A.P and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 1494 of 2012 ORDER:
Heard learned counsel for the parties.
The petitioner seeks a writ of mandamus against the inaction of the respondents in finalizing the proceedings for grant of assignment of house site/agricultural land to him. It is stated that the petitioner is a Ex-service man and on his application dated 13.10.1997, the District Collector, Cuddapah-first respondent issued proceedings dated 13.11.1997 directing the respondents 3 and 4 to take necessary action for allotment of house site/agricultural land to the petitioner. The petitioner alleges that though the lands in two different villages were identified by the petitioner, no orders were passed and no assignment was made.
Counter-affidavit has been filed by the fourth respondent-Tahsildar, Pendlimarri Mandal, YSR district accepting that as per the direction of the Collector in proceedings dated 13.11.1997, immediate action was taken on the petitioner’s application and as no land was available in Sy.No. 494/2 situated at Machanuru village of Pendlimarri Mandal as sought for by the petitioner, the assignment could not be made. It is further stated that on further request of the petitioner for grant of assignment of land in Sy.No. 1982/C1 of Nandimandalam village of Pendlimarri Mandal, it was also examined and found that no Government land was available in the said village. It is further stated that no Government land was available in two villages in Pendlimarri Mandal so as to enable grant of assignment to the petitioner.
Since the petitioner is a Ex-service man and is entitled for assignment and in view of the fact that the District Collector has already directed the respondents 3 and 4 to identify the land and take necessary action under his proceedings dated 13.11.1997, referred to above, merely because the Government land was not available in the two villages as sought for by the petitioner, he cannot be denied of the assignment and it is for the respondents 3 and 4 to locate appropriate land for assignment to the petitioner at least in the nearby Mandal in the same district and take appropriate action in terms of the directions of the District Collector. The said exercise shall be completed by the respondents 3 and 4, preferably by the end of December, 2014.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 10.7.2014 KR