THE HON’BLE SRI JUSTICE G.CHANDRAIAH Dated this the 13th day of October, 2009. Writ Petition No. 25794 of 2006. Between: M/s Racha Banda Telugu Weekly, H.O. Jammikunta, Karimnagar and Another. ……Petitioners vs. 1.The Government of A.P. Revenue Department (Assignment) rep by its Secretary and five others. ……Respondents. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 25794 of 2006. ORAL ORDER: This writ petition is filed seeking to issue an order, direction or writ more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondent in not disposing of the representation dt. 27.11.2005 of the petitioners for issuance of appropriate directions to the respondents 3 and 4 for issuance of patta certificates in respect of land in S.No. 611 to an extent of Ac. 1.15 gts situated at Keshavapur village, Jammikunta Mandal, Karimnagar District as arbitrary and illegal and consequently direct the 2nd respondent to issue necessary directions to the respondents 3 and 4 for issuance of patta certificates in respect of the above land, as per the recommendations/proposals of the 3rd respondent. It is stated in the affidavit filed in support of the petition that the 2nd petitioner is the Editor and Publisher of Rachabanda National Telugu Weekly (1st petitioner) and that the 1st petitioner is a publisher of Rachabanda Telugu Weekly having been registered in the year 1979 and having branches in Hyderabad, Warangal, Karimnagar and Huzurabad. A representation was submitted to the 3rd respondent-the Revenue Divisional Officer, Karimnagar requesting to alienate the land of an extent of Ac. 1.15 gts in S.No. 611 situated at Keshavapur village, Jammikunta Mandal, Karimnagar District for the purpose of allotting house sites to the workers of 1st petitioner and for the purpose of constructing press building for the Rachabanda Telugu Weekly. On the representation, the then Tahsildar, Huzurabad conducted enquiry and recommended for alienation of the said land as per rules extant as on that date on payment of market value. As per the recommendations of the District Collector, the said land was given advance possession on 10.10.1983 by conducting a panchanama by the then Village Officer and that subsequently, the petitioners also paid the entire market value as fixed by the Government and that from 1983 onwards, the petitioners have been in continuous possession and enjoyment of the land till date, which is evident from the pahanies and revenue records. It is further stated in the affidavit that after the possession of the land was handed over, the land was made into plots for construction of houses for the workers of Rachabanda Telugu Weekly and a lay-out was also approved by the Grampanchayat Timmikunta in the year 1984 and residential houses were also constructed for the workers, in the said land. While the matter stood thus, the District Collector, Karimnagar submitted proposals to the Commissioner of Land Revenue for his approval by the letter dt. 20.6.1987 requesting him to pass appropriate orders in this regard and while the matter was pending with the Commissioner, Land Revenue, the Tahsildar by his Memo dt. 25.3.1984 directed the Revenue Inspector, Jammikunta to take possession of the land in question. Challenging the same, the petitioner approached this Court by way of W.P.No. 6533 of 1984, which was disposed of on 1.12.1987 directing the Commissioner, Land Revenue to dispose of the proposal pending before him, within three months from the date of receipt of the order and this Court further directed to consider the letter dt. 20.6.1987 addressed by the District Collector. The grievance of the petitioner is that though this Court Directed the 2nd respondent to dispose of the proposal recommended by the District Collector, Karimnagar by his letter dt. 20.6.1987 and though the petitioner filed representation dt. 27.11.2005 before the 2nd respondent to dispose of the proposal, no action is being taken and consequently, the respondents 3 and 4 are not in a position to issue patta certificates to the petitioner in respect of the land in question and therefore the petitioner is before this Court for the relief already adverted to above. No counters are filed by the respondents though the writ petition was instituted in the year 2006. Heard the learned Counsel for the petitioners. Since the 2nd respondent did not comply with the orders dt. 1.12.1987 passed by this Court in W.P.No. 6535 of 1984, the petitioner ought to have filed a contempt case immediately after the time limit fixed by this Court in the above writ petition. The petitioner without availing the remedy available under the Contempt of Courts Act 1971, again filed the present writ petition. Since the respondents did not file counters disputing or admitting the averments made in the writ petition, applying the principle of non-traverse of the allegations by the counters, the averments made in the affidavit are held to be true. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondents to finalize the claim of the petitioners in respect of the land in question within two months from the date of receipt of a copy of this order. No order as to costs. ________________​_ G.CHANDRAIAH,J 13.10.2009. KRB. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 25794 of 2006. Dated: 13.10.2009.