HON’BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No. 2542 of 2004 DATE: 25.04.2014 Between:
Sri Venkateshwara Collective Agricultural Co-op. Society .. Petitioner And The District Collector and four others .. Respondents O R D E R:-
It is asserted that the petitioner – Sri Venkateshwara Collective Agricultural Co-operative Society, which consists of 90 members, was established for the purpose of cultivating lands collectively. While so, during floods in Godavari River, some of the members of the society had lost their lands. Subsequently, a new lanka land was reformed as “Perugulanka” in Vynatheyam Godavari River within the territorial limits of Vakalagaruvu village, Ambajipet Mandal, East Godavari District and the petitioner – society submitted an unanimous resolution dated 02.07.1994 and also a collective representation dated 24.05.2003 to the 1st respondent – District Collector to consider the cases of the members of the society for allotment of lands in the newly reformed lanka and issuance of pattas. Now, the grievance of the petitioner – society is that the respondents, without considering their resolution / representation, are trying to assign the newly reformed lanka lands in an extent of Ac.54.35 cents and Ac.06.03 cents to third parties. Hence, the present writ petition is filed seeking appropriate directions.
The 4th respondent – Mandal Revenue Officer filed counter affidavit stating that after considering the representation dated 20.09.2003 made by the 5th respondent – Sri Muthyalamma Lanka Ryot Sankshema Sangham consisting of 242 beneficiaries, he submitted proposals to the District Collector, vide letter dated 15.12.2003, that 242 persons were identified as eligible beneficiaries for lease of lanka land for Ac.0.25 cents each and the proposals are pending consideration. It is denied that the petitioner-society submitted its resolution on 02.07.1994 for consideration of the cases of its members and it is averred that the petitioner- society was formed only in the year 1996.
The 5th respondent – Sangham in its counter stated that the subject lands came into existence in the year 2002-2003, as such, the question of pending consideration of the alleged resolution submitted by the petitioner – society since 1994 would not arise.
Having heard the learned counsel for both the parties and perused the material placed on record, this Court, in the light of the respective averments, feels it unnecessary to enter into the controversy and decide the eligibility or otherwise of the members of the petitioner society, but deems it appropriate to direct the official respondents to consider the resolution / representation said to have been made by the petitioner – society along with other claims as and when lanka lands are available for grant of lease, and pass appropriate others thereon, in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs.
As a sequel to the disposal of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
CHALLA KODANDA RAM, J 25.04.2014 bcj