THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P. No. 23015 of 2002 Dated. 20–01-2011 Between: Talla Narsing Goud and others. …Petitioners Vs. The District Collector, Medak District and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 23015 of 2002 ORAL ORDER: The grievance in the writ petition is that the respondents have not considered the representation of the nine (9) writ petitioners dated 18-10-2002 for regularization of their occupation of Ac.02-00 of land each on payment of reasonable market value in survey Nos. 434 and 313 of Vemula village, Ramachandrapuram Mandal, Medak District. The petitioners claim to be landless poor farmers in occupation of and cultivating Ac.02-00 of agricultural land each in the above mentioned survey numbers. They claim entitlement to possessory title of the land in question. They however made representations to the respondents for assignment of the land in question. In an earlier W.P.No. 757 of 1996, this Court by the order dated 24-01-1996 directed the respondents to consider the petitioners’ representation for assignment of land. It is further asserted that the Mandal Revenue Officer, Ramachandrapuram mandal conducted an inquiry and found that the petitioners were in possession of the property for several years and recommended to the 1st respondent for grant of assignment in their favour. Since no assignment was granted, this writ petition is filed. The District Collector, Medak – the 1st respondent – has filed a counter affidavit. It is pleaded herein that land in survey No. 434 ad-measuring Ac.283-29 guntas and Ac. 168-11 guntas in survey No. 315 of Velemela village, Ramachandrapuram Mandal, Medak District is classified as ‘Gairan Sarkari’ as per the revenue records. The Andhra Pradesh Industrial Infrastructure Corporation (for short ‘the APIIC’) had requested vide its letter dated 17- 04-1982 for alienation of Government land in the above survey numbers, in an extent of Ac.442-00 for industrial development. The District Collector, Medak, vide letter dated 28-09-1982 directed the then Tahsildar, Sangareddy to handover advance possession of land to the APIIC in an extent of Ac.168-11 guntas in survey No.315 and Ac.273-05 guntas in survey No. 434, in all Ac.441-16 guntas. Advance possession of the land was handed over free from all encroachments to APIIC on 29- 09-1982 under a panchanama. The entire area of Velmela village is declared as urban area under the provisions of the Andhra Pradesh Urban Areas (Development) Act, 1975 in G.O.Ms.No. 411, M.A dated 17-09-1975. Subsequently, APIIC, by the letter dated 27- 08-1983, requested the District Collector to delete a part of the land from alienation and to revise the proposals only for Ac. 275-21 guntas. Thereafter, pursuant to a survey by the Assistant Director, Survey & Land Records, an extent of Ac.145-09 guntas in survey No. 315 and Ac. 130-12 guntas in survey No. 434, in all Ac.275-21 guntas, was sequestered and alienation proposals submitted to the Commissioner of Land Revenue, A.P., Hyderabad by the District Collector vide letter dated 08-05-1985. Eventually, the State Government issued G.O.Ms.No. 134 dated 09-02-1987 permitting alienation in favour of APIIC on payment of market value. It is categorically asserted in the counter affidavit of the District Collector that as on the date of alienation made in favour of APIIC, the petitioners were not in possession of the land of an extent of Ac.02-00 each either in survey No. 315 or 434. They did not also respond to the notification published inviting claims and objections, if any, in respect of the lands in the above survey numbers. The petitioners have not filed any material to establish their possession. It is further stated that earlier the Mandal Revenue Officer had wrongly and without verification stated in a report that the petitioners were in occupation of a total extent of Ac.20-22 guntas in survey No. 434/1 and Ac.1-00 in survey No. 315. There is no basis for such certification by the Mandal Revenue Officer. The pahanies for the years 1976 to 1996 also do not show the petitioners to be in possession of lands in the above survey numbers. On the above averments, the District Collector pleads that the writ petition is without merit and be dismissed. The petitioners have not filed any affidavit in rebuttal of the clear and categorical assertions in the counter affidavit filed on behalf of the respondents, by the District Collector. They have also not produced any material to substantiate their claim to be in possession of the lands in question, for a long period. In the aforesaid circumstances, this Court discerns no merit in the writ petition. It is accordingly dismissed. No costs. __________________________ JUSTICE GODA RAGHURAM Dated: 20-01-2011 Pvks/*