M.Koteswara Rao v. The State Of A.P
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 9913 of 2015 ORDER:
The petitioners submit that they are Ex-Servicemen and also landless poor. They made a representation to the respondent authorities for assignment of land in terms of the schemes as available to Ex-Servicemen, and when the respondents did not take any action, they approached this Court by filing W.P.No.3122 of 2003 through their association under the name of "National Ex-Servicemen Coordination Committee". This Court, by order dated 19.09.2005, disposed of the said writ petition by recording the statement of the respondent authorities in Paragraph No.7 of the counter affidavit therein. The said paragraph No.7 reads as under: "It is not correct to say that no action has been taken on the representation dated 22.10.2002 of the petitioner.
The respondent 2 & 3 were instructed by the Collector, Kakinada to submit their reports on the representation in Collector's Ref.E5/5759/2002, dated 11.11.2002. Accordingly, the respondents 2 & 3 submitted their report to the 1st respondent in their ref.L.Dis.A/319/2002, dt.07.03.2003 and ref.A/58/2003, dated 20.02.2003 respectively basing on which the respondent No.1 issued an endorsement Ref.E5/5759/2002, dated 30.03.2003.
It is pertinent to submitted that action is being taken to take possession of ceiling lands in Korukonda Mandal and sanction of assignment to the eligible Ex-Servicemen will be considered in due course along with other eligible landless poor as per ratio prescribed in the Act after approval of Mandal Assignment Committee.
In view of the circumstances stated above, the Hon'ble High Court may be requested top dispose off the W.P.as the allegation made by the Writ Petition is baseless and not based on merits and not maintainable as per law."
2. A perusal of the order dated 19.09.2005 in W.P.No.3122 of 2003 would show that the writ petition was disposed of on the assertion of the respondent authorities that necessary steps are being taken and grant of pattas in favour of Ex-Servicemen will be considered in due course. It is the case of the petitioners that inspite of the said order dated 19.09.2005, though a decade has elapsed, nothing has been done in the direction of granting pattas.
3. In the above circumstances, there shall be a direction to the respondents to
consider and pass orders on the representations of the petitioners for assignment of land, in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the same to the petitioners.
4. Accordingly, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any pending, shall stand closed. ____________________________ CHALLA KODANDA RAM, J 09th April, 2015 KSM