Telangana High Court
Singarapu Kornel vs The Government Of Andhra Pradesh, Rep By ... on 12 December, 2024
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.15017 of 2011
ORDER:
This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
"... to issue an appropriate writ, order or direction more particularly a writ in the nature of Mandamus declare the action of the 3rd respondent in particularly any action in pursuance of the Rc.No.H5/19/2005/494 dated 26.02.2005 of 2nd respondent and the same was issued in pursuance of vide Ref.C.M.Cell Hyd vide Lr.No.6751/GEN/2005 dated 03.02.2005 and the same benefit under G.O.Ms.No.267, Revenue Department, dated 18.03.1985 is not extending to the petitioners is illegal, unconstitutional, violation of Government Orders, malafide and violation of Article 14 of Constitution of India and consequently direct the respondents to consider the petitioners by extending the same benefit under G.O.Ms.No.267, Revenue Department, dated 18.03.1985..."
2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Assignment appearing for the respondents and perused the material on record.
3. Learned counsel for the petitioners submits that the action of the respondent No.3/Revenue Divisional Officer in not taken any action in pursuance of the Rc.No.H5/19/2005/494, dated 26.02.2005 of the respondent No.2 and the same was issued in pursuance of Ref.C.M.Cell Hyd Lr.No.6751/GEN/ 2 2005, dated 03.02.2005 and the same benefit is not extending to the petitioners under G.O.Ms.No.267, Revenue Department, dated 18.03.1985 as illegal and arbitrary.
4. Learned counsel for the petitioners submits that the great grandfather of the petitioners was occupied Sarkari Chikkam land of an extent of Ac.5-00 in Sy.No.241 situated in Thimmapur Village, Hanamkonda Mandal, Warangal District way back in the year, 1950 along with other villagers out of total extent of 105.37 guntas. Though the said land was entered as Sarkari Chikkam land in the Revenue Records, no point of time the said land was never fall under the Cheruvu water in Full Tank Level and the same was never merged with the said Cheruvu. In view of the same, the respondent- authorities have to consider the application of the petitioners seeking for regularization of their lands as per G.O.Ms.No.267, Revenue Department dated 18.03.1985, but due to inaction of the respondent authorities, the petitioners had filed representation to the then Hon'ble Chief Minister Grievance Cell requesting to issue Patta Certificates in the year 2005. 3 Thereafter, the said Grievance Cell directed the respondent No.2/District Collector of Warangal vide Ref.C.M.Cell Hyd Lr.No.6751/GEN/ 2005, dated 03.02.2005 to take immediate action on the representation of the petitioners. As per the said directions of the C.M.Grievance Cell, the respondent No.2 had directed the respondent No.3 to pass appropriate orders on the representation made by the petitioners. In view of inaction of the respondents, the petitioners filed the present writ petition requesting to direct the respondents to consider the case of the petitioners for regularization of their lands as per G.O.Ms.No.267, Revenue Department, dated 18.03.1985.
5. Learned Assistant Government for Assignment, basing on the counter-affidavit, submits that the Sy.No.241 measuring of Ac.105.30 guntas situated in Thimmapur Village is a Government land and the same is recorded in the Revenue Records as 'Bestham Cheruvu Shikam' and the said land is also abutting State Highway Road passing from Warangal to Khammam, which is nearer to the Aero Drum. He further submits that the petitioners are claiming regularizations as per 4 G.O.Ms.No.267, Revenue Department, dated 18.03.1985, thereafter, The Government of A.P. vide G.O.Ms.no.157, Revenue (R) Deptt, dated 13.02.1987 had issued (ASN.I) Deptt., Memo No.5150/Asn.I(1)/98-I, dated 02.09.1998 & Memo No.65961/Asn.I(1)97-II dated 09.02.1999, wherein it had ordered as follows:
i. No cultivation should be allowed in the tank bed area under any circumstances, ii. No lease of the tank bed lands including the lands laying beyond the full tank level (FTL) either on eksal basis or for a longer period after the Expiry of the subsisting leases should be allowed and iii. No fresh leases of Tank bed lands should be granted in future even during the drought years.
6. Learned Assistant Government for Assignment further submits that the suit schedule land has been converted into non-agriculture land and there is abnormal increase of land 5 value in the vicinity of the land and the petitioners are not cultivating in the land in Sy.No241 (Bestham Cheruvu Shikam) as the Government had banned the cultivation of shikam lands and also banned the sanctioning of 'eksal' pattas to the poor people in shikam lands long back. He further submits that the Hanamkonda Mandal itself is an urban Mandal and all the villages therein are being merged to Warangal Greater Municipality Corporation and requested to dismiss the writ petition as there are no valid grounds for considering the case of the petitioners.
7. After hearing both sides, this Court is of the considered view that the petitioners want to regularize the land to an extent of Ac.5.00 gts. in Sy.No.241 situated in Thimmapur Village, Hanamkonda Mandal, Warangal District basing on the G.O.Ms.No.267, Revenue Department, dated 18.03.1985. Subsequently, in view of the directions of the Hon'ble Apex Court and this Court, the Government of A.P. had issued G.O.Ms.No.157, Revenue (R) Department, dated 13.02.1987 and further by following the said G.O., the Government had 6 issued Memos vide Government of A.P. (ASN.I) Deptt., Memo No.5150/Asn.I(1)/98-I, dated 02.09.1998 & Memo No.65961/ Asn.I(1)97-II dated 09.02.1999, directing not to alienate the shikam lands to anyone. Moreover, admittedly, the land of the petitioners is in the tank bed level, which cannot be assigned or regularized in favour of the petitioners. Even in view of the recent judgments passed by the Hon'ble Apex Court and as well this Court, the case of the petitioners cannot consider for regularization and there are no merits to consider the case of the petitioners for regularizing the suit schedule land and the same is liable to be dismissed.
8. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.
9. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
_____________________ JUSTICE K.SARATH Date: 12.12.2024 spk