IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9269 of 2004 Between: 1 M.Sathaiah S/o Late Kirstaiah Kowkur, Hakimpet, Shameerpet Mandal Ranga Reddy Dist 2 N.D.Narasing Rao S/o Late Dharmapuri Kowkur, Hakimpet, Shameerpet Mandal Ranga Reddy Dist ..... PETITIONERS AND 1 The Addl.Dy. Inspector General of Police cum Estate Officer Group Centre, Central Reserve Police Force R.R.District Jawahar Nagar, Hakimpet, Secunderabad 2 The Commandant 99, Battalion, Rapid Action Force/CRPE Hakimpet, Secunderabad 3 The Commandant HQ.No.1 EME Centre, Secunderabad 4 The Sub Area Commander HQ Andhra Sub Area, Secunderabad 5 The District Collector Ranga Reddy District At Hyderabad 6 The Mandal Revenue Officer Shameerpet Mandal, Shameerpet Ranga Reddy District 7 The Asst. Director Survey & Land Records Settlement Ranga Reddy District at Hyderabad .....RESPONDENTS Counsel for the Petitioners:MR.K.SURNDER RAJU FOR MR.V.JAGAPATHI Counsel for the Respondents:(1)MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) for R1 to R4 (2)AGP FOR REVENUE FOR R5 TO R7 The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.9269 of 2004 ORDER: This writ petition is ﬁled for a Writ of Mandamus to declare the action of respondent Nos.1 to 4 in encroaching the lands of the petitioners in Sy.Nos.907 and 902 of Jawaharnagar Village, Shameerpet Mandal, Ranga Reddy District, as arbitrary, indiscriminatory and illegal, and consequently direct the respondents not to interfere with the petitioners’ peaceful possession and enjoyment of the said lands. 2. The petitioners claim that they were originally allotted Ac.10.00 each of land in Jawaharnagar by the Secretary of Jawaharnagar Land Colonisation, Medchal Taluk, Hyderabad, in the year 1974 and that, subsequently, the extents were reduced to Ac.5.00 each. Petitioner No.1 ﬁled W.P.No.5042 of 1995 in this Court for direction to the respondents to grant patta in respect of Ac.10.00 of the land, which was already allotted to him. Petitioner No.1 and some others also ﬁled civil suit i.e., O.S.No.25 of 1997 in the Court of Junior Civil Judge, Medchal, for perpetual injunction against the respondents in respect of the lands claimed by them. W.P.No.5042 of 1995 ﬁled by petitioner No.1 was disposed of, along with a batch of several writ petitions, by this Court, by order, dated 25.03.2004, wherein the learned Judge, insofar as W.P.No.5042 of 1995 ﬁled by petitioner No.1 was concerned, observed that wherever the Ex.Serviceman was actually in possession of the land and has brought the land under cultivation within a period of three years from the date of allotment to JCLCS, the Mandal Revenue Oﬃcer shall consider his case and regularize the possession by issuing D-form patta in favour of Ex-serviceman or his legal heir wherever necessary. 3. Though the learned counsel for the petitioners asserted that the petitioners, in pursuance of the allotment of the land in their favour in the year 1974, are in possession of the properties claimed by them, they have not ﬁled any material to show that they are in physical possession of the same. I had an occasion to consider the claim of Ex.Servicemen for assignment in W.P.No.9672 of 2003. In my order, dated 13.08.2008, by which the said writ petition was disposed of, I held that allotment of lands by Jawaharnagar Land Colonization Co-operative Society, after supercession of the Managing Committee in the year 1968, was not lawful, as the Society itself had become defunct. Therefore, no legal sanctity can be attached to the alleged allotment of the lands, in favour of the petitioners, by the said Society in the year 1974. However, I have held in the said judgment that every Ex. Serviceman, who satisﬁes the eligibility criteria laid down in G.O.Ms.No.1573, dated 18.07.1966, is entitled for assignment of land to the extent of Ac.5.00 wet and Ac.10.00 dry. Therefore, the petitioners are entitled to such assignment, subject to their satisfying the conditions laid down in the said G.O. As the petitioners failed to show their possession with reference to any material, I am not inclined to give any direction to protect their alleged possession of the land in Jawaharnagar Village. However, their claims for assignment of agricultural land deserve to be considered under G.O.Ms.No.1573. 4. The writ petition is, accordingly, disposed of, with a direction to District Collector-Respondent No.5 to consider assignment of land to the petitioners in accordance with G.O.Ms.No.1573 dated 18.07.1966. The petitioners are permitted to make a representation, for this purpose, to respondent No.5 within a period of eight weeks from today. _______________________ C.V.NAGARJUNA REDDY,J 27.08.2008 v v