Smt.Bandari Posani, W/O Late Gattaiah, v. The Special Commissioner For Land Revenue
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HONOURABLE SRI JUSTIGE N. TUKARAMJI WRIT APPEAL No: 255 0F 2012 writ Appeal under clause 15 of the Letters Patent preferred against the order dated '1 1.11.2010 in W.P.No.21911 of 2002 on the file of the High Court. Between:
Smt. Bandari Posani, W/o late Gattaiah, Aged about 70 years, No 3-1-237114' Bhagyanagar Colony, Adilabad.
...AppellanUWrit Petitioner AND The Special Commissioner for Land Revenue, Andhra Pradesh, Nampally, Hvderabad.
2. The Joint Collector, Adilabad.
3. The Mandal Revenue Officer, Adilabad, Adilabad District.
...Respondents/Petitioner
lA NO:1 oF 2012 WAMP . NO: 495 O Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents, not to change the nature of the land, an extent of 5 Acres of land in sy.No.38/1 of Bhattisavergeon Village, Adilabad Mandal and District, that was assigned to the petitioner's late husband in the year 1961 , pending Writ Appeal' Counsel for the Appellant: SRl. P. LAKSHMA REDDY Counsel for the Respondents: GP FOR REVENUE The Court delivered the following: JUDGMENT
t THE HON'BLE THE CHIEF' JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE N. TUKARAMJI W.A.No.255 of 2Ol2 :
JUDGMENT: eer he Hon'ble thz chiel Justice satish cha dra str;.m.a) The present writ appeal is arising out of the order dated 11.11.2010 passed by the leamed Single Judge in W'P.No.21911 of 2002.
The undisputed facts of the case reveal that the land, to an extent of Acs.S.00 in Survey No.38/ 1 situated at Bhatti Sawargaon Village, Adilabad District, was assigned under Laoni Rules, 1950 initially to the husband of the petitioner along with nine other pe rsons. A report dated 26.06. 1990 was submitted by the Revenue Divisional Officer, Adilabad, .r'u,r.t, that the assignment itself is i11egal, keeping in view the G.O.Ms.No 1065 dated 01.05.1961, as the land was situated within the radius of one mile of Municipal limits. A show cause notice was issued on 28.03.1980 to the ten assignees including Gattaiah, the husband of the petitioner, and thereafter, an order was passed on 30.04. 1981 canceliing thb assignment. An appeal/review was preferred in 1990. The same was dismissed on 20.09.1996.
Thereafter, the writ petition was preferred before this Court. Before the learned Single Judge, reliance was placed upon the judgments delivered in the cases of State of GuJarat us. Patel Raghant Nathal, P. Mangamma os. Women's Co'op. Houslng Societg Ltd2 and S.
exercised under Section 166-8 of the Andhra pradesh (Telangana Area) Land Revenue Act, l3l7 Fasli (for short ,the Act) after lapse of 20 years. Another ground was also raised before the learned Single Judge that G.O.Ms.No.1065 dated 01.O5. 1961 could not have been taken into account, as another Government Order i.e., G.O.Ms.No. 1 722 was issued on 29.06.7961 extending prohibition of assignment of Government land in Municipal limits for agricultural purposes.
The learned Single Judge, after taking into account G.O.Ms.No.1 722 dated 29.06.1961, has arrived at a conclusion that the land was assigned in May, i961 and the G.O was very much in force. He has also arrived at a conclusion that Section 166-8 of the Act empowers any Revenue Oflicer not below the rank of Collector to exercise suo motu revisional powers and there is no time limit prescribed. However, after taking into account the judgments delivered in the cases of State of Gujarat (1 supra), p. Mangdmma (2 supra) and S. Santho:nam (3 supra), has arrived at a conclusion that exercise of such power was certainly with an unreasonable delay. The learned Single Judge has linally arrived at a conclusion that the land was resumed on 14.0S.19g 1 and tl-re same was handed over to Department of Jails vide proceedings dated 21.11.1986.
The Department of Jails has constructed a Jail Complex over the land. The petitioner, after lapse of six years of the order dated 20.09.1996 whereby the appeal/review was dismissed, has approached this court and in those circumstances, finally the writ petition has been dismissed.
J I liberty to the present appellant, who is a widow, to submit a fresh \ application, as she is stil1 a landless person and as the petitioner nor her husband were at fault in the year 1961 when the iand was allotted to her husband. He has further stated that the husband of the petitioner, who was again an illiterate landless person, was not aware of the Government Orders issued by the Government and it was the State Government which committed a mistake in allotment of land, which could not have been allotted in the light of the subsequent G.O.Ms.No.1O65 dared 01.0S.1961 and G.O.Ms.No.1 122 dated, 29.06. j,g61. Learned counsel further prays for grant of liberty to approach the Government for grant of other available benefits to landless persons/persons who do not have dwelling units.
Learned Government pleader for Revenue is also fair enough in informing this Court that there are various other schemes under the Government for persons who do not have dwelling units and the Government shall certainly look into the grievance of the appellant.
Resultantly, the appellant/widow is permitted to submit a fresh representation to the District Collector, who in turn shall consider her request sympathetically for grant of other benefits under the other schemes, as informed by the learned Government Advocate, subject to her eligibility and shall pass appropriate orders, in accordance with law, within a period of six months from today.
with the aforesaid, the writ aPPeal stands disposed of.
if any, sha1l stand Pending miscellaneous applications, closed. There shall be no order as to costs, w SD/-CH.VEN KATESWARU LU DEPUry REGISTRAR //TRUE COPY// GD SECTION OFFICER To,1. The Special Commissioner for Land Revenue, Andhra Pradesh, Nampally, Hvderabad
2. The Joint Collector, Adilabad.
3. The Mandal Revenue Officer, Adilabad, Adilabad District
4. One CC to Sri P. Lakshma Reddy, Advocate [OPUC]
5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
6. Two CD Copies 7, One Spare Copy CHR 7tw A,'
HIGH COURT DATED:2211212021 14:
t\ (
JUDGMENT
tt .} )oo 2 r ,!.{l! ?.u2 W.A.No.255 of 2012 .iJl'
DISPOSING OF THE WRIT APPEAL WITHOUT COSTS.
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