HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.122 OF 2014 Date:11.12.2014 Between:
Smt. V. Subhashini and others .. Petitioners And Sri Venkata Ramana and another .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR CONTEMPT CASE No.122 OF 2014 ORDER:
Nobody appears for the petitioners today also.
The Contempt Case is filed alleging that the orders of this Court passed in W.P.No.13039 of 2012, dated 10.07.2012, are not complied with. The allegation of the petitioners is that though they were given house site pattas on 25.07.1985 in Survey No.11 of Avilala Village, Tirupati Rural Mandal, no allotment order was made in their favour. They had further alleged that they made a representation, dated 06.06.2009, to the 2nd respondent for allotment of the house site pattas and alleging inaction on his part, the Writ Petition was filed. This Court had disposed of the Writ Petition on 10.07.2012 with a direction to respondents 1 and 2 to consider the representation, dated 06.06.2009, of the petitioners and pass appropriate orders expeditiously.
The 1st respondent has filed counter affidavit inter alia stating that the land in Survey No.11 admeasuring Acs.3.22 cents is classified as ‘Kaluva Poramboke’ in the village accounts and, as such, communal Government Poramboke land vested with the Government cannot be allotted for house sites. It is further stated that since the said land is water course poramboke land, it is prohibited for the purpose of assignment and the same is not available for any authority for grant of house site pattas, as claimed by the petitioners. It is also stated that the petitioners never approached the respondents 1 and 2 either before or after filing of the Writ Petition and the alleged representation, dated 06.60.2009, is not found in the record. Even otherwise, it is stated that nobody, including the petitioners, were granted house site pattas in the year 1985, as alleged, and since no house site pattas were issued and no record was found in their office, the request of the petitioners, therefore, cannot be considered as the land in question is prohibited and objectionable as per B.S.O.15.
In view of the same, it is evident that the petitioners have approached this Court without substantiating the assignability of the said land. Therefore, the petitioners are not entitled to any relief.
The Contempt Case is accordingly dismissed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V. AFZULPURKAR, J
11.12.2014 KH