HONOURABLE SRI JUSTICE S.V.BHATT WRIT PETITION No.28207 of 2007 Date: 02-07-2014 Between:
Kadiyala Jamalaiah The Government of A.P., Revenue Department, Rep.by its Principal Secretary, And …Petitioner Secretariat Buildings, A.P., Hyderabad and two others.
…Respondents.
ORDER:
HONOURABLE SRI JUSTICE S.V.BHATT WRIT PETITION No.28207 of 2007 The petitioners have invoked the jurisdiction of this Court for issuance of Mandamus declaring the action of Tahsildar, Mylavaram Mandal, Krishna District/third respondent in issuing form-I notice under Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1997(for short ‘the Act’) dated 27.04.2007 calling upon the first petitioner to vacate the land in an extent of Ac.6.45 cents in Survey No.120 of Chandrala village, Mylavaram Mandal, Krishna District, without considering or disposing of the representation dated 20.05.2005 in terms of G.O.Ms.No.185 Revenue (II) Department, dated 11.03.1997 as illegal and arbitrary.
The first petitioner claims to be a freedom fighter of independence movement. The Central Government in recognition of the services of the first petitioner and on verification of participation of first petitioner in independence movement allowed to him Freedom Fighters Political Pension in Pension Payment Order No.11715/POL/Central (Political Pension Family) read with proceedings No.112/891/83-FF-SZ dated 27.09.1989. The first petitioner died on 08.01.2009 and his legal representatives are brought on record as petitioner Nos.2 to 5. During the lifetime of first petitioner, he has purchased Ac.6.45 cents in Survey No.120 of Chandrala village through registered documents. He claims to have brought the land under cultivation by spending huge amount and personal labour. The grievance of the petitioners in the present writ petition is pre-faced with a statement of fact that the third respondent without verifying the entitlement of petitioners or the bonafide enjoyment of subject land, issued the impugned notice on the ground that the purchase of petition land by the petitioner contravenes the provisions of Act 9 of 1977. The first petitioner further states that he is entitled for assignment of Government land to an extent of Ac.5.00 cents of wet or Ac.10.00 cents of dry land or Ac.15.00 cents of Rayalaseema region irrespective of the financial status of the freedom fighter. The petitioner as a freedom fighter claims to have not derived any benefit except the pension referred to above in terms of G.O.Ms.No.185 dated 11.03.1997. The first petitioner requested the third respondent to consider assignment in the quota meant for the freedom fighters of the petition land and regularize the possession thereof. However it is stated that there is total inaction. In fear of cancellation or resumption of petition land, the present writ petition is filed.
Heard learned counsel for the petitioner and learned Government Pleader.
The third respondent filed counter affidavit and the counter affidavit primarily focused on alleged infraction by the first petitioner under Act 9 of 1977. The first petitioner as a matter of fact does not dispute the assignment or his purchase under registered sale deeds of assigned land. Instead of calling upon the first petitioner to independently file an application for assignment, the third respondent would have considered the totality of circumstances and acted in the matter while ensuing the benefit accorded to a freedom fighter under G.O.Ms.No.185 dated 11.03.1997. Therefore, the third respondent is directed to consider the representation dated 20.05.2005 of the first petitioner, if the representation is in order the first petitioner is entitled for assignment under the category of freedom fighters, he shall forward a report to the second respondent for taking appropriate decision in this behalf. Till a decision is taken by the second respondent, to meet the ends of justice, the stay granted by this Court on 04.01.2008 shall be in force.
With the above direction, the writ petition is ordered. No order as to costs. The Miscellaneous Petitions, if any, pending, shall stand closed.
JUSTICE S.V.BHATT Date: 02-07-2014.
Rns