Katam Chandraiah And 5 Others v. The District Collector, Adilabad Dist And 2 Others

HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.4501 of 2006 ORDER:

This Writ Petition is filed for a Mandamus declaring the inaction of the respondents in delivering possession of plots allotted to the petitioners in Plot Nos.1, 142, 138, 81, 31 and 83, respectively, in Survey No.170/PP of Budha Kalan Village, adjacent to Bellampally Mandal, Adilabad District, as illegal and arbitrary and consequently, to direct the respondents to allot the afore-mentioned plots to the petitioners.

It is the case of the petitioners that they belong to Schedule caste Community. As they were shelterless, they along with 390 other beneficiaries, have submitted application before the Government for grant of house site pattas to them. Accordingly, house site pattas were granted in their favour by proceedings, dated 11.01.1979. However, for various reasons, physical possession of the house sites was not handed over to them. As such, the petitioners herein along with two others filed Writ Petition No.16287 of 2004 before this Court and the same was disposed of by order, dated 10.8.2005, directing the respondents to put petitioner Nos.5 and 6 therein in possession of the plots allotted to them within a period of eight weeks from the date of receipt of a copy of that order. The petitioners further preferred

Writ Appeal No.2234 of 2005 and the same was disposed of by judgment, dated 13.12.2005, directing the petitioners to make a representation and the same shall be considered by the respondents.

In the counter-affidavit filed in Writ Petition No.16287 of 2004, it was categorically stated by the respondent officials that the subject land could not be allotted to the petitioners for the reason that originally the land in Survey No.109 pertains to M/s Hyderabad Chemicals and Fertilizers Limited and the said company has sold its land long back and the purchasers are in physical possession by making pucca constructions therein. The petitioners further averred that in pursuance of the order in Writ Appeal No.2234 of 2005, they made a representation before the Mandal Revenue Officer, Bellampally on 06.01.2006, who, in the light of the orders of this Court as well as the reports received from the General Manager, Singareni Collieries Limited, Bellampalli, by proceedings, dated 30.01.2006, rejected the claims of the petitioners stating that the petitioners are not entitled as they are well placed in Singareni Collieries.

Mr. P.Harish, learned Assistant Government Pleader for Revenue (Telangana), contended that no relief can be granted to the petitioners against the order, dated 30.01.2006, passed by

respondent No.3 and the petitioners have an effective remedy by way of filing an appeal before the Revenue Divisional Officer against the said order of respondent No.3.

In view of the same, this Writ Petition is disposed of giving liberty to the petitioners to seek appropriate remedy before the authorities concerned.

As a sequel, the Miscellaneous Petitions, if any, pending shall stand disposed of as infructuous.

__________________________ JUSTICE T.AMARNATH GOUD 24th April 2018 DR