IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION Nos.4234 and 7792 of 2009 WRIT PETITION No.4234 of 2009 Between:
Koganti Vijayalakshmi and others . PETITIONER(S) AND The Government of A.P., rep. by the Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others . RESPONDENT(S) WRIT PETITION No.7792 of 2009 Between:
Koripalli Mangatayaru and others . PETITIONER(S) AND The Government of A.P., rep. by the Secretary, Revenue Department, Secretariat Buildings, Hyderabad and others . RESPONDENT(S)
HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION Nos.4234 and 7792 of 2009 COMMON ORDER:
The common grievance of the petitioners in both these writ petitions is with regard to the action of the respondents in not considering their applications for regularization of their plots in Sy.No.86 of Gajuwaka Village and Mandal, Visakhapatnam, as per G.O.Ms.No.44, Revenue (Assignment-I) Department, dated 11.02.2008 and G.O.Ms.No.166, Revenue (Assn.POT) Department, dated 16.02.2008. They seek a consequential direction to the respondents to dispose of the said applications in accordance with the aforestated G.Os.
By way of interim orders in both the writ petitions this Court directed status quo to be maintained.
In his counter affidavits filed in support of individual vacate stay applications in both the writ petitions, the Tahsildar, Gajuwaka Mandal stated that though the writ petitioners had submitted their applications in the stipulated format, they had not produced documentary evidence in support of their claim that they were residing in the schedule lands. In view of this deficiency in their applications, it is stated that the same could not be considered in accordance with G.O.Ms.No.44 dated 11.02.2008.
Sri K.S.R.Murthy, learned counsel representing Sri K.V.Subrahmanya Narusu, learned counsel for the petitioners, submits that in view of Memo No.41166/ Assn.I(2)/2008-1 dated 02.12.2008, the claims of the petitioners for regularization of their plots in excess of 1000 sq. yards would have to be considered in accordance with G.O.Ms.No.166 dated 16.02.2008.
It is pertinent to note that the applicability of G.O.Ms.No.166 dated 16.02.2008 to the cases of the petitioners has not been denied in the counters filed by the Tahsildar, Gajuwaka Mandal. Further, as G.O.Ms.No.44 dated 11.02.2008 is restricted to regularization of possession over the Government lands in Gajuwaka village only while G.O.Ms.No.166 dated 16.02.2008 is of general application to the entire State, the cases of those of the petitioners who are in possession of plots exceeding 1000 sq. yards would necessarily have to be considered in accordance with G.O.Ms.No.166 dated 16.02.2008 as spelt out in the Memo dated 02.12.2008.
Taking note of the statement of the Tahsildar, Gajuwaka Mandal, in his counters, both the Writ Petitions are disposed of with the following directions. The petitioners herein shall make good such deficiencies in their applications as are pointed out by the Tahsildar, Gajuwaka Mandal. Upon the petitioners rectifying such lacunae in their applications, the same shall be considered in accordance with G.O.Ms.No.44 dated 11.02.2008 and G.O.Ms.No.166 dated 16.02.2008, as the case may be, and necessary orders shall be passed thereupon with regard to the regularization of the petitioners’ possession over their subject plots in Sy.No.86 of Gajuwaka Village and Mandal, Visakhapatnam. This exercise shall be completed expeditiously and not later than two months from the date of receipt of the duly completed applications of the petitioners. No costs.
23rd June, 2010 SANJAY KUMAR, J CVRK Note: Issue copy by 28.06.2010.
B/o CVRK