IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11724 of 2000 Between: Sri. M.R.K. Sarma, S/o. late Kutumbayya Sastry, R/o. Pedakallapally, Mopidevi Mandal, Krishna District. ..... PETITIONER AND 1 The Collector, Chilakalapudi P.O., Krishna District. 2 Reveue Divisional Officers, Machilipatnam, Krishna District. 3 Mandal Revenue Officer, Mopidevi Mandal, Krishna District. .....RESPONDENTS Counsel for the Petitioner:MR.POTTI VENKATA RAMANA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : O R D E R: This writ petition is filed for a writ of Mandamus to direct the respondents to allot land in Survey Nos.781/A, 781/1B and 792/1 of Pedakallepally Village, Mopidevi Mandal, Krishna District in favour of the petitioner. Heard Sri Potti Venkata Ramana Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue and perused the record. The petitioner worked as “Naik” in the 54 Infantry Division, Signal Regiment and retired in the year 1986. He claimed to have participated in the 1971 India-Pakistan war. He applied for grant of patta under reservation scheme for ex-servicemen on 04-10-1986 by selecting an extent of Acs.5.00 of dry land in Survey Nos.781/A, 781/1B and 792/1 of Pedakallepally Village, Krishna District terming it as a poramboke land. Correspondence exchanged between the petitioner and the respondents revealed that with reference to the said property, proceedings were pending before this Court and there was stay of delivery of possession. Having waited for substantial period, and no action was forthcoming from the respondents for granting the said land, the petitioner filed the present writ petition. The Revenue Divisional Officer, Bandar, Krishna District, respondent No.2, filed a counter-affidavit in which, it is, inter alia, stated that the extent of Acs.4.36 cents comprised in the above mentioned survey numbers belongs to Sri S.R.Y.Mallikarjuna Prasad, declarant in C.C.No.2060/D/75; that the Land Reforms Tribunal, Bandar, by order dated 28-02-1977 determined that the family unit of the said declarant was holding an excess land equivalent to 3.5406 SH; that a part of the said holding including the above mentioned extent was taken possession by the Government on 05-09-1986; that against the said order, the declarant filed appeal before the Land Reforms Appellate Tribunal, Krishna District, Machilipatnam and obtained stay and that the Appellate Tribunal allowed the said appeal by order dated 16-08-1988 and set aside the order by directing the Land Reforms Tribunal to take up the case, after giving notices to both sides and after the disposal of T.O.P.Nos. 6, 7, 10 and 18 of 1956 by the Estates Abolition Tribunal, Krishna District. It is further averred that the said T.O.Ps were filed by Devarakota family, popularly known as Challapalli Estate, for maintenance under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short ‘the 1948 Act’) and the said O.Ps are yet to be finally adjudicated by the District Judge and Estates Abolition Tribunal, Krishna District, Machilipatnam and that this Court in its order dated 31-01-1980 passed in CRP Nos.4170 and 4181 of 1979 observed that the Land Reforms Tribunal will not have jurisdiction to determine the land held under the declaration without final determination of the rights of the maintenance holders. It is further stated that the land of Acs.4.36 cents taken possession by the Government on 05-09-1986 was reoccupied by the declarant and his representatives. The fact that the claim for maintenance under the provisions of the 1948 Act is pending before the Estates Abolition Tribunal, Krishna District, Machilipatnam is not in dispute. From the above noted averments in the counter-affidavit, it is evident that though possession was taken in the year 1986, it was reoccupied by the declarant. The final adjudication under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the 1973 Act’) is yet to be made as the case was remanded to the Primary Tribunal by the Land Reforms Appellate Tribunal, Krishna District, Machilipatnam on 16-08-1988. These facts clearly show that the land of Acs.4.36 cents, identified by the petitioner for grant of patta, has not got completely vested in the Government. Therefore, the petitioner, as of now, cannot claim patta over the said property. The only option left to him is either to wait for conclusion of the proceedings under the 1973 Act and the 1948 Act and claim patta or to apply for an alternative land. In the event, the petitioner makes a fresh application for grant of assignment of an alternative land, the respondents shall consider and dispose of the same without delay. Subject to the above observations, the writ petition is disposed of. C.V.NAGARJUNA REDDY,J Dated 17th July, 2008 vrn