THE HON’BLE SRI JUSTICE B PRAKASH RAO AND THE HON’BLE SRI JUSTICE R KANTHA RAO WRIT PETITION NO. 7945, 13504 OF 2003, 10860 OF 2004 AND WRIT APPEAL NO. 1236 OF 2008 JUDGMENT : (Per Sri Justice B Prakash Rao) Since common questions and claims are involved in these matters, they are taken up together for disposal, at the request of learned counsel on either side. Heard Mr P R Prasad and Mr A Sudershan Reddy appearing for petitioners/ appellants and learned Government Pleader for Revenue, learned Government Pleader for Forest and learned Government Pleader for Social Welfare, on behalf of respondents. The usual game of asserting claim for rights over the land in occupation, though by virtue of encroachments based upon possession and enjoyment is the repeated quest in the process of a lis between the landless and the Government. Admittedly, the Government is the largest owner of the land and in fact tracing the ancient, the entire land vest only in the Government and any propriety rights claimed by the so called owners or occupiers is only considered to be a recognition for such persons to enjoy the land. Having obtained certain such recognition, it perpetuate into a right, title and interest and rest of the land remains with the Government, yet given an opportunity and possibly not to make a living, the same is being occupied by several land less both for the purpose of residence and cultivation. With the time passing by, the value of the land and demand therefore increase and hence the claim for due recognition and also grant of necessary pattas. It is from the above conspectus these matters arise in respect of claims made by several of the parties herein claiming pattas in respect of the land in occupation. Though there are rival claims in respect of very same property also, and asserting their respective possessions and the same need to be ascertained in a more appropriate manner, however, the fact remains that some of the individuals, now who are parties to these proceedings and including their predecessors in title, apart from others, lost their lands due to submergence in Dindi project. In the process of rehabilitation, an attempt was made by the Government to lease out Ac.164.00 of land providing Ac.5.00 each to an individual for a period of 20 years of lease and allowing them to raise cashew plantation. The said lease appears to have been granted from 31.5.1967 to 31.5.1987. Even though said plantation was raised but there was a failure and they had to opt for some other crops. Though the said period expired, there was no extension of the lease which has lead to filing of W P No. 584 of 1982 for grant pattas by some of the petitioners which was disposed of by orders dated 9.6.1987 directing the Government to consider the representation and not to dispossess them till the said consideration . Yet there was no orders passed by the Government and authorities sought to evict them, they filed W P No. 7945 of 2003 seeking direction to give effect to G O Ms No. 2771 (Agriculture) dated 23.12.1960 and further for grant of pattas to such extent of Ac.164.20 cents situate at Kantlakunta Regadi, Padra village, Amrabad mandal, Mahabubnagar district. In the said proceedings, there was some third parties got impleaded claiming similar such right and also opposing others. There was another W P No. 13504 of 2003 for direction not to interfere with their occupation in the said land. Yet another writ in W P No. 8523 of 2008 was filed wherein the complaint is as against not granting of pattas in terms of the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest) Rights Act, 2006. Thus, the learned single Judge of this Court in WPMP No. 10335 of 2003 in W P no. 7945 of 2003 dated 23.10.2003 granted orders to maintain status quo. Further in the very same writ petition in an another miscellaneous petition in W P M P No. 19804 of 2004 by orders dated 28.12.2004 there was a direction to the District Collector, Mahabubnagar to take appropriate steps to enable the persons in occupation of the land in question to carry on agricultural operations. Aggrieved by the orders in W P No. 8523 of 2008 dated 11.6.2008 an appeal in W A No. 1236 of 2008 was filed by the rival claimants. There is a claim that there are several families belonging to Lambadas, Kumara, Madiga, Golla, Mangala and Mannuru, therefore they should be given the respective pattas. Thus, from the various proceedings initiated by individuals claiming to be in possession and also granted a lease etc, is ultimately for a claim to recognize their possession and for grant of pattas. On the face of it, even though the respondents have filed a counter affidavit in the writ petition, however, there is no serious attempt on their part to go into those questions in an apt and pragmatic matter or to consider as to whether they are entitled to any such rights or not ? In spite of the directions as given and pointed out earlier, all these matters are pending and no prompt action has been taken. In view of the above, very claims forthcoming and various statutory pronouncements which are more enforceable than the promises made, yet an attempt has to be made by the concerned authorities to go into by holding appropriate enquiry by providing opportunity and also conducting necessary enquiry especially on the basis of the rival claims forthcoming, it may not be possible to recognize any of the legitimate and bonafide claimants who are entitled to such recognition. There should also be an attempt to see that all gullible claims should be taken care of in a more appropriate manner in the process of such enquiry. In these cases, the learned single Judge has already given a direction to consider their representations and respective claims and nothing more could have been done. In view of the aforesaid facts and circumstances and especially having regard to the fact that this Court in exercise of jurisdiction under Article 226 of the Constitution of India would not venture to go into all such disputed claims or decide possession or entitlement thereto, it is felt desirable that the concerned authorities immediately take up the issue and hold a regular and comprehensive enquiry and determine all such questions as to the entitlement and take appropriate decision and pass orders for grant of pattas to eligible persons. In this connection, it is felt desirable that the District Collector, Mahabubnagar shall make such exercise in more expeditious manner after providing due and necessary opportunity to the parties concerned and as well giving a due publicity in and around the concerned place with sufficient time gap. In the result, the writ petitions and writ appeal are thus disposed of subject to the above directions. No costs. _______________ B.PRAKASH RAO,J ______________ R KANTHA RAO,J DATE: -08-2009 TVK