Telangana High Court
WP/27057/2005 of Kunjam Paadaalu Doar, Vs Mandal Revenue Officer, on 27 December 2005
SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.27057 of 2005 Dated 27-12-2005 Between: Kunjam Paadaalu Dora. .. PETITIONER AND The Mandal Revenue Officer, Gangavaram Mandal, East Godavari District and another. .. RESPONDENTS ORDER The petitioner is a Tribal of Ramuldevapuram village,
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Conclusion
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
WRIT PETITION No.27057 of 2005
Dated 27-12-2005
Between:
Kunjam Paadaalu Dora.
.. PETITIONER
AND
The Mandal Revenue Officer, Gangavaram Mandal, East Godavari District and another.
.. RESPONDENTS
ORDER
The petitioner is a Tribal of Ramuldevapuram village, Gangavaram Mandal, EastGodavari District. The Mandal Revenue Officer, the first respondent, issued D-Formpatta in favour of the petitioner way back on 29-10-1997 assigning an extent of 1.48cents of land in Sy.No.70/3 of Ramuldevapuram village. The petitioner states thatalong with him another ten persons of the same village were assigned almost similarextents, in different survey numbers, but none of them were put in possession,despite their request. He contends that the respondents did nothing more thanissuing an order of assignment without ensuring that the beneficiaries therein are putin possession of the land.
The writ petition came up for admission on 20-12-2005. At the request of the learnedGovernment Pleader, the matter was adjourned twice. After obtaining instructions,he contended that the assignees did not submit any representation for the pastseveral years and unless the grievances were brought to the notice of therespondents, there was no occasion for them to take necessary steps.
Heard the learned counsel for the petitioner and the learned Government Pleader forSocial Welfare.
The petitioner and certain others were assigned lands on finding that they areeligible, landless poor. The object of assigning such land is to enable the assigneesto eke out their livelihood by cultivating the lands. Unless the assignment is followedby the physical delivery of possession, the whole exercise becomes futile. While thepetitioner states that himself and the other assignees have been going around theofficials of the Revenue and the Tribal Welfare Department for implementation of theorders of assignment, the respondents plead that the assignees never approachedthem.
Be that as it may, once the competent authority had assigned land in favour of the petitioner and other assignees, physical delivery of the land must take place. As apreliminary step, the first respondent must demarcate and identify the land coveredby the relevant order of assignment. Incase, the land is vacant, the possession canbe delivered to the assignees. On the other hand, if it is found to be under thepossession of somebody else, proceedings may have to be initiated before theSpecial Deputy Collector, for resumption of the land and delivery of the same to theassignees. For this purpose, the petitioner must also make efforts on his part.
For the foregoing reasons, the writ petition is disposed of, directing that:
(a) The petitioner and other assignees may make a representation tothe first respondent, with a request, to implement the orders ofassignment, duly enclosing copy of the D-Form pattas; (b) On receiving the same, the first respondent shall undertakedemarcation and identification of the assigned lands. In case, they arevacant, he shall deliver possession of the same to the assignees; and
(c) If the land, covered by D-Form patta, found to be in possession ofany third party, it shall be open to the petitioner or the other assignees,as the case may be, to file an application before the Special DeputyCollector, having jurisdiction over the area duly impleading thepersons found to be in possession of the land. The Special DeputyCollector, in turn, shall dispose of the matter in accordance with law,without any loss of time.
There shall be no order as to costs.
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Prv