THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 18097 OF 2011 O R D E R: This Writ Petition has been instituted against the orders of the Chief Commissioner of Land Administration, dated 16.04.2011 declining to grant interim relief pending the appeal preferred by the petitioners herein, against the orders passed by the Joint Collector and Additional District Magistrate, Chittoor in his proceedings, dated 15.02.2010. The essential grievance of the petitioners herein is that they are in possession of the lands in question and if no interim stay is granted, pending the appeal by the Chief Commissioner of Land Administration, the threat of the petitioners being dispossessed and simultaneously inducting the 3rd parties there into, would create rights in favour of such 3rd parties which will make the entire proceedings in the appeal complicated. By proceedings dated 15.02.2010, what the Joint Collector found was that the assignments were all made in favour of the family members and close relatives of the ex-karanam of Chinnagottigallu Village, though they are clearly ineligible and that they are not landless poor persons to be assigned any such lands. It was further found by the Joint Collector that those persons were not even the residents of the village. Hence, he cancelled the assignment pattas, which were granted under mistake of fact. In my opinion, the important question that has got to be addressed by the Chief Commissioner of Land Administration is whether the petitioners or their predecessors-in-interest are entitled to be granted any such pattas at the first instance at all. If not, the fact that they have continued in possession for too long a period, should not come in the way of the State rectifying a genuine mistake committed by them. Land being a scarce commodity and is intended for providing a lifeline for the underprivileged in the society, appropriate measures have got to be taken by the State to ensure that the distribution of the land is undertaken in furtherance of the socio- economic agenda which the State is required, in terms of Part IV of our Constitution, to be pursued by it. However, the passionate plea of the petitioners that induction of 3rd parties into this very land at this stage would needlessly complicate the exercise of appeal before the Chief Commissioner of Land Administration, certainly deserves consideration. Therefore, pending disposal of the appeal, the Chief Commissioner of Land Administration as well as the Joint Collector, Chittoor, would instruct the Tahsildar/Mandal Revenue Officer, Chittoor Mandal not to induct any 3rd parties, either on temporary or permanent basis, into the lands in question. They may regulate collection of the usufruct and attending to the mango orchard by collecting a reasonable amount either from the petitioners, if they are so interested to do or from any 3rd parties, who are residents of the village. This order will be kept in view while deciding the appeal by the Chief Commissioner of Land Administration and in the event the petitioners succeed in the appeal and prefer to retain possession of the lands in question, the payment of the amount determined by the Tahsildar for collection of the usufruct, will be refunded to them. On the other hand, if the petitioners lose the appeal, the question of refunding the amount to them, in the event they have chosen to be in occupation of the lands, would not arise. I hope and trust that the Chief Commissioner of Land Administration will find adequate time to deal with the appeal on its merits and decide the same within a period of six months from today. In no manner, the Chief Commissioner of Land Administration should be influenced by the order passed as of now while deciding the appeal pending before him. With this, the Writ Petition stands disposed of. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 1st July 2011 ksld