THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.23622 OF 2004 DATED 26th AUGUST, 2014 Between:
Vaddadi Lakshmana Rao And others.
… Petitioners And The District Collector, Vizianagaram, Vizianagaram District and another.
… Respondents THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.23622 OF 2004 O R D E R The petitioners herein earlier filed W.P.No.13296 of 2004 before this Court aggrieved by the action of the Mandal Revenue Officer, Cheepurupalli, Vizianagaram District, in seeking to allot an extent of Ac.0.20 cents in Sy.No.138/5 in Cheepurupalli, belonging to the petitioners for construction of a school of Theatre Arts.
It was the case of the petitioners that the subject land belonged to them and was therefore not available for allotment for construction of a school. The petitioners claimed title to the subject land through an Award passed by the Lok Adalat, Vizianagaram, in PLC No.11 of 2003. Taking note of the fact that the revenue officials were not parties to the said Award, this Court disposed of the said writ petition by order dated 29.07.2004 holding that if the petitioners had any claim over the subject property, it was open to them to file a representation/application to the District Collector claiming right and title over the said property within two weeks from that day and on making such representation, the District Collector was directed to consider the same and pass appropriate orders. However, the petitioners admittedly made a representation to the District Collector after expiry of the stipulated two weeks from the date of the order. On that ground, the District Collector, Vizianagaram, refused to entertain the petitioners’ claim petition. Aggrieved thereby, the petitioners are again before this Court.
By order dated 20.12.2004, this Court granted interim stay of all further proceedings including dispossession of the petitioners from the subject land.
The Tahsildar, Cheepurupalli, filed a counter-affidavit stating that the subject land was classified as a vagu poramboke in the revenue records. According to him, the land was not amenable to any assignment or allotment owing to this. However, no explanation is forthcoming as to why the land was sought to be allotted for construction of a school of Theater Arts.
In any event, as the petitioners are claiming independent rights over the subject land and as this Court directed the revenue authorities to examine the same on merits, the refusal by the District Collector, Vizianagaram, to do so on technicalities cannot be countenanced. Though the petitioners ought to have filed their claim petition within the time stipulated by this Court in the earlier writ petition, their failure to do so would not disentitle them from having their claim examined on its merits.
The writ petition is accordingly disposed of directing the District Collector, Vizianagaram, to consider the claim petition filed by the petitioners, afford them personal hearing and pass appropriate reasoned orders in accordance with law. This exercise shall be completed expeditiously and in any event, not later than two months from the date of receipt of a copy of this order. Interim order granted by this Court as regards the dispossession of the petitioners shall continue to operate till the disposal of their claim petition. Pending Miscellaneous Petitions, if any, shall also stand closed. No order as to costs.
26th AUGUST, 2014
PGS
------------------------------------- SANJAY KUMAR, J