WP/25811/2008 of Athaluri Srirama Murthy, Vs The Govt. of A.P. on 30 December 2013

O R D E R:

This writ petition, under Article 226 of the Constitution of India, is filed for the following relief:

“to issue a writ or order or direction more particularly one in thenature of Writ of Mandamus, declaring the proceedings issued by the4th respondent vice Rc.No. 2551/08/M3 dated 10-10-2008 in grantinglease in favour of the 9th Respondent in respect of land an extent ofAc. 4-00 covered by Sy.No. 930/2, 930/4 and 931/2 situated inGogineniapalem, Krishna District as illegal, arbitrary, violation ofprinciples of natural justice and without jurisdiction, offend Art. 14, 21and 300A of the constitution of India and consequently direct therespondent authorities not to evict the petitioner from the said lands.”

2. The case of the petitioner herein, as per the pleadings in theaffidavit filed in support of the writ petition, is as follows:

The petitioner is an ex-service man and retired from Indian AirForce after serving for a period of 15 years and after retirement hecame to his native place and occupied a poramboke landadmeasuring Ac.4-00 cents covered by Sy.Nos.930/2, 930/4 and 931/2of Goginenipalem, Krishna District. In the year 2003, he made anapplication, for assignment of Ac.5-00 cents in the said surveynumbers under Board Standing Order 15, to the Zilla Sainik WelfareOfficer, Hyderabad and he sent the said application to the firstrespondent-District Collector. The Tahsildar, third respondent herein,after holding enquiry granted lease patta for Ac.4-76 cents in the saidsurvey numbers for six years i.e., from 1417 Fasli to 1422 Fasli i.e., 2006-2007 to 2012-2013 vide proceedings Rc.No.A/30/2007 dated22.04.2007 and the petitioner is paying the revenue to the Governmentand his name is also incorporated in the revenue records as well as 10(1) accounts of the village. In October, 2008, respondents 9 and 10asked the petitioner to vacate Ac.4-00 cts on the ground that theyemerged as successful bidders in the auction conducted by the fifthrespondent as per the directions of the eighth respondent for diggingfish tanks and for raising green grass. On enquiry, petitioner came toknow that the fourth respondent/the Chief Executive Officer, ZillaParishad, Machilipatnam, approved the auction conducted by the fifthrespondent vide proceedings Rc.No.2551/08/M3, dated 10.10.2008and that he approached the second and third respondents andrequested not to dispossess him. Contending that the subject land is aGovernment land and the respondents 4, 5 and 8 have no jurisdictionto auction the subject land and alleging violation of principles ofnatural justice and Articles 14 and 300 A of the Constitution of India,the present writ petition has been filed.

3. This Court, on 26.11.2008, in WPMP.No.33751/2008, grantedinterim stay of dispossession.

4. A counter affidavit is filed by the respondents 1 to 3, contendinginter alia that the then Tahsildar, Ghantasala, granted lease videRc.No.A/30/2007 dated 22.04.2007 and the name of the petitioner wasalso incorporated in the 10 (1) village accountsand that the petitionerwithout receiving the relevant order from the competent authority,illegally occupied Ac.4-00 cts of land since 2003-2004, which is highlyobjectionable. It is further stated in the counter that an extent of Ac.5-76 cents in R.S.No.930 and Ac.4.72 centsin R.S.No.931 wererecorded in the village records as ‘Poramboke Dharmavanam Thota’. Itis further stated that out of Ac.10-48 cents of the said land, an extent ofAc.0.02 cents in R.S.No.930/1, Ac.1.41 cts in R.S.No.930/3 andAc.3.76 cts in R.S.No.931/1 i.e., totally an extent of Ac.5.19 cts wasalienated to Z.P. High School, Goginenipalem vide Rc.No.658/92,

dated 29.01.1998, as per G.O.Ms.No.928 Rev. (Asn.II) Department,dated 03.11.1997 and the remaining extent of Ac.5.29 cts of land wasillegally occupied by the Z.P. High School. The said counter furtherstates that the respondents 5 to 8 have no right to conduct auction inthe said lands without obtaining permission from the revenue officials,but they conducted auction vide Rc.No.2551/2008/M3 dated10.10.2008 as per the records of the fourth respondent in respect of theillegally occupied Government lands. It is further specifically statedthat the respondents 4, 5 and 8 have no right to conduct auction inrespect of the said lands and that the petitioner ought to haveapproached the District Collector, Krishna District, Machilipatnam, forgrant of lease patta.

5. A counter affidavit is filed by the fourth respondent, ChiefExecutive Officer, Zilla Parishad, Machilipatnam, Krishna District,denying the grant of lease in favour of the petitioner herein and statingthat the petitioner is trying to mislead the Court by filing bogusproceedings. It is further stated in the said counter that there is neitherillegality nor irregularity in the proceedings dated 10.10.1008,confirming the auction conducted by the Head Master, ZP HighSchool, Goginenipalem, pursuant to the orders of the Zilla Parishad,Krishna, after following the due procedure of law in respect of theauction, leasing out the lands in favour of Sri Kumpati NagamaleswaraRao, ninth respondent in the writ petition for the period 2007-2008.

Pleading in the manner indicated supra, it is prayed by the fourthrespondent herein to dismiss the writ petition.

6. Heard Sri G.Krishnamurthy, learned counsel for the petitioner,learned Government for Panchayatraj and Rural Development for therespondents 1 to 3 and Sri G.Elisha, learned counsel for therespondents 4 to 8 and there is no appearance on behalf of therespondents 9 and 10.

7. It is principally contended by the learned counsel for the writpetitioner that the petitioner herein is an ex-service man worked in Indian Air Force for a period of 15 years and he submitted anapplication for grant of patta to the District Collector, KrishnaDistrict/first respondent herein through Zilla Sainik Welfare Officer. It isfurther contended that the respondents 4, 5 and 8 have no authority tolease out the said property, which belongs to the Government.

8. Per contra, it is contended by the learned Standing Counsel forZillaparishad, Mandal Parishad and Grampanchayat that the said landbelongs to the Zilla Parishad and there is no illegality nor irregularity inthe action of the respondents 4 to 8.

9. As per the counter affidavit filed by the respondents 1 to 3, thesubject land is a Government land and Zilla Parishad has nothing todo with the land nor it has power to auction. Adangals dated06.12.2012 enclosed to the writ petition clearly show that it is aGovernment land and they show the name of the petitioner hereinalso. The proceedings of the Tahsildar in R.C.A/30/207 dated22.02.2007 clearly show the grant of lease for the Fasli 1417 to 1422in favour of the petitioner herein in respect of Sy.No.930/2, 930/4 and931/2. Letter No.1054/2003-A4(A.L), dated Nil-12-2003 clearly showsthe submission of the application by the petitioner herein for grant ofpatta and the submission of the same to the District Collector throughthe Zilla Sainik Welfare Officer, Hyderabad District. The respondents1 and 2 are denying the possession of the petitioner herein and aredisputing the power of the Tahsildar for leasing out the property.

10. In the circumstances, without going into the merits and demeritsof the issue, this Court deems it appropriate to direct the firstrespondent herein to pass appropriate orders on the representation ofthe petitioner herein for grant of patta, which was forwarded by the ZillaSainik Officer, Hyderabad vide Letter No.1054/2003-A4(A.L), datedNil-12-2003 and to pass appropriate orders.

11. For the aforesaid reasons and having regard to the facts andcircumstances, this writ petition is disposed of, directing the firstrespondent herein to pass appropriate orders on the application submitted by the petitioner herein which was forwarded by the ZillaSainik Welfare Officer, Hyderabad district vide Letter No.1054/2003-A4(A.L), dated Nil-12-2003, within a period of three months from thedate of receipt of a copy of this order. Till then, no coercive action shallbe taken against the petitioner. Miscellaneous Petitions, if any, shallstand closed. No order as to costs.

Date: 30-12-2013grk

_________________

A.V.SESHA SAI,J

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

Grk

WRIT PETITION No.25811 of 2008Dated 30[th] December, 2013