HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 17104 of 2007 Dated: 25.07.2014 Between:
P. Krishna Kumar and two others …..Petitioners And Andhra Pradesh Industrial Infrastructure Corporation (APIIC) Basheerbagh, Hyderabad, Rep. by its Managing Director and two others.
....Respondents HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 17104 of 2007 ORDER :
Heard learned counsel for the petitioners and learned Standing Counsel for respondent.
2. The case of the petitioners is that the petitioners are brothers and sons of late P.Chilakaiah. Their father was in occupation and enjoyment of land admeasuring Ac.4.20 gts. in Survey No.509/1 situated at Mysammagudem, Gundla Pochampally Village, Medchal Mandal, Ranga Reddy District since 1952. He developed the land for irrigation purposes and dug a well in it. He was also paying land revenue to the Government. Their father died in the year 1982. Thereafter, the petitioners came into possession of the property. The names of the petitioners were entered in the revenue records and they submitted a representation before the District Collector for assignment of land in their favour. The District Collector directed the Mandal Revenue Officer, Medchal to submit a report. The Mandal Revenue Officer, by letter, dated 29.01.2001, submitted his report recommending the case of the petitioners for assignment of the land in their favour. But the District Collector did not take any action. In the circumstances, the petitioners filed Writ Petition Nos.13283 and 13284 of 2003 and the said writ petitions were disposed of on 05.01.2004 with a direction to the respondents to consider the application of the petitioners. The District Collector by proceedings dated 13.08.2004 declined to assign the land to the petitioners. Challenging the said order of the District Collector, the petitioners filed Writ Petition No.15040 of 2004 and the same was withdrawn with a liberty to file a revision before the Commissioner and the same was permitted on 03.09.2004. Accordingly, they filed a revision before the Commissioner (Appeals), Office of the Chief Commissioner of Land Administration, who dismissed the revision, by order dated 25.09.2004. The petitioners submitted an application to the Hon’ble Minister for Revenue on 29.01.2005. On the said representation, the Deputy Secretary to the Government issued a letter to the District Collector to send a detailed report, by letter dated 11.08.2005. The District Collector by letter dated 29.08.2005 submitted his report stating that the petitioners are in illegal occupation of the lands. Thus, no orders have been passed by the Hon’ble Minister for Revenue. The petitioners also submitted an application to the Hon’ble Chief Minister on 14.12.2005. In those circumstances, the present writ petition was filed seeking a direction to the respondents not to interfere with the possession of their land in an extent of Ac.4.20 gts. in Survey No.509/1.
3. Counter-affidavit was filed on behalf of the 1st respondent stating that the said land is in possession of the 1st respondent since 13.09.2004. As per the site conditions, no cultivation was done since 2004. The revenue officials have handed over the said land on 13.09.2004 for expansion of the existing Apparel Export Park. Gundla Pochampally Village finds place at Sl.No.16 of Medchal Taluq of Annexure-I G.O.S.Ms.No.1409 Revenue (G) Department, dated 19.08.1978 and the land in Survey No.509/01 is an extent of Ac.272.08 and is a compact block and the said land was already alienated to the 1st respondent for the purpose of Apparel Park. In view of the same, the land cannot be assigned to the petitioners. The land was allotted to the 3rd respondent on outright sale basis by letter dated 30.05.2006 for establishment of industry for the manufacture of readymade garments. The 3rd respondent paid the entire cost of the land. Agreement of sale was executed on 28.05.2007 and the same was registered with the Sub- Registrar, Medchal. Possession was handed over to the Company on 28.05.2007. When the 3rd respondent was prevented from entering the land, the 3rd respondent lodged a complaint with the Station House officer, Medchal on 05.08.2007. The 3rd respondent also filed counter-affidavit stating that as per the policy decision, the Government allotted more than 167 acres of land for development of the Apparel Park in order to generate direct and indirect employment in the backward area of Ranga Reddy District. The land was initially handed over to the 1st respondent on 13.09.2004 and it was allotted to the 3rd respondent on outright sale basis by proceedings dated 30.05.2006. The 3rd respondent paid an amount of Rs.50,08,162/-.
4. From the above averments, it is clear that the land claimed by the petitioners in Survey No.509/1 in an extent of Ac.4.20 gts. situated at Mysammagudem, Gundla Pochampally Village, Medchal Mandal, Ranga Reddy District, was initially handed over to the 1st respondent, later it was sold to the 3rd respondent on outright sale basis and an agreement was entered with the 3rd respondent on 28.05.2007. The 3rd respondent paid an amount of Rs.50,08,162/- and took possession of the same. In the circumstances, no relief as sought for by the petitioners in the writ petition can be granted.
5. Accordingly, the writ petition is dismissed. No order as to costs.
6. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
A. RAMALINGESWARA RAO, J 14th February 2014.
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