T.Sayi Babu, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.12895 OF 2014 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

The grievance of the petitioner is limited to the extent of consideration of his representation, dated 04.02.2014, submitted to the District Collector, Ranga Reddy District, the 2nd respondent. The bare facts disclose that the petitioner's mother was allotted Acs.4.00 of land in Survey Nos.304 and 321 of Raja Bollaram Village, Ranga Reddy District, on the ground that her husband was an Ex-serviceman. However, possession of the said assigned land was not given to her. Ultimately she filed W.P.No.33780 of 1998, which came to be disposed of by order, dated 31.03.2003, with the following directions. "It is an admitted fact that though D Form Patta was granted in favour of the petitioner long back in January 1992 and the petitioner is making her efforts for the last 14 years, no possession was given to her.

There is no justification on the part of the respondents in not implementing their own orders, when the assigned land is in unauthorised occupation of some third parties. It is the duty of the respondents to take appropriate action for eviction of the unauthorised persons or allot alternative land to the petitioner and I am of the view that the action of the respondents is illegal and unsustainable. In view of the above, the respondents are directed either to deliver possession of land to the petitioner in an extent of Ac.4.00 in S.Nos.304 and 321 of Raja Bollaram Village, pursuant to the proceedings issued by the 2nd respondent, dated 20.01.1992 or to allot an alternative land in favour of the petitioner and pass appropriate orders in accordance with within two months from the date of receipt of a copy of this order.

The writ petition is accordingly disposed of. No orders."

Subsequently, it appears that the petitioner's mother died on

05.03.1999 and the petitioner being a legal heir filed W.P.No.27969 of 2013 for the self-same relief. The same was, however, dismissed by this Court on 04.12.2013 giving liberty to the petitioner to avail appropriate remedy for implementation of the orders in W.P.No.33780 of 1998. Thereafter, the petitioner filed a representation, dated 04.02.2014, before the 2nd respondent. Alleging in action on the part of the 2nd respondent, the present Writ Petition is filed. It is evident that the case of the petitioner is required to be considered in the light of the orders passed by this Court, referred to above, and since the petitioner's representation is pending before the 2nd respondent since 04.02.2014, I deem it appropriate to direct the 2nd respondent to consider the same in the light of the directions issued by this Court and pass appropriate orders, expeditiously, preferably within three months from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 07.10.2015 KH