THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.2578 of 2002 Dated:13.08.2010 Between: Gadapa Ramaswamy and others .. Petitioners And The District Collector and District Magistrate, Adilabad, Adilabad District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.2578 of 2002 ORDER: The petitioners, who are nine in number, filed the instant Writ Petition challenging the proceedings of the first respondent dated 02.03.2001. By the said proceedings, the request of the petitioners for regularization of petitioners’ occupation of land in Survey No.87 of Mancherial Town was rejected. While the Writ Petition is pending, the third respondent filed application seeking to implead him as respondent No.3 in the Writ Petition. The petitioners were allegedly in occupation of small extents of land admeasuring 50 to 120 square yards, statedly for long time. The land is comprised in Survey No.87; admeasuring large extent of more than Acs.100.00. It appears that several persons have occupied Government land and raised constructions. There was a demand for regularizing the occupation, presumably in tune with the policy of the Government to regularize the occupations of small extents of land with dwelling house thereon. The Government of Andhra Pradesh issued G.O.Ms.No.777, dated 09.07.1985, which reads as under. GOVERNMENT OF ANDHRA PRADESH ABSTRACT Land – Government Land in Mancherial Town, Luxettipet Taluk of Adilabad District – Regularization of encroachments in the Sy.No.87 – Determinated of Market Value – Order – Issued. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Revenue (V) Department G.O.Ms.No.777 Dated:09.07.1985 Read the following:- 1. From the C.L.R., Letter No.BB-2/3435/84, dated 17.11.1984 2. From the Collector, Adilabad, Letter No.D5/3605/84, dated 23.05.1984 3. From the C.L.R. Letter No.BB-23398/82, dated 02.10.1984 4. From the C.L.R. Letter No.B3-2/3436/84, dated 17.11.1984 . . . ORDER: In the circumstances reported by the Collector, Adilabad and Commissioner of Land Revenue, Hyderabad, in the reference read above, Government accord permission to the Collector, Adilabad for regularizing the unauthorized occupants and constructions in Sy.No.87 of Mancherial Town of Luxettipet Talik and Adilabad District by collecting the following nominal rates. 100 yards … Free of cost 101 to 250 yards … Rs.0.50 ps. per Square Yard 251 to 400 yards … Rs.1.00 ” ” 401 to 600 yards … Rs.2.50 ” ” 601 to 800 yards … Rs.3.00 ” ” 801 to 1000 yards … Rs.3.50 ” ” 1001 to 1500 yards … Rs.4.00 ” ” 1501 to and above … Rs.5.00 ” ” The Collector, Adilabad, is requested to take necessary further action in the matter accordingly. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) C.S. RANGACHARI, Secretary to Government. The petitioners applied to the District Collector seeking regularization. When appropriate orders were not passed, they filed W.P.No.13724 of 1990 assailing the inaction of the revenue officials in regularizing the occupation in terms of G.O.Ms.No.777. The same was disposed of on 21.09.1990 directing to regularize the occupation. Smt. G.V.Anasuya Devi and G.V.Vasuman Rao - third respondent herein, preferred appeal being W.A.No.209 of 1991. They contended that Raja Venkata Murali Manohar Rao, their father, purchased the property in public auction in 1344Fasli (1953-1954) and that after his death, another brother G.V.Pitamber Rao executed agreement of sale on 16.10.1975 in favour of the petitioners. They also contended that one Syed Abdul Hameed filed O.S.No.677 of 1988 by claiming the properties in which petitioners admitted the title of late Murali Manohar Rao. Another suit being O.S.No.1872 of 1985 was filed seeking invalidation of the agreement of sale. In the meanwhile, petitioners herein filed O.S.No.8 of 1986 on the file of the Subordinate Judge, Adilabad. These three suits were clubbed and while the trial was pending, the petitioners filed the Writ Petition. The Division Bench disposed of the Writ Appeal on 11.03.1996 observing that G.O.Ms.No.777 would apply, if the disputed lands are Government lands and that the District Collector is not precluded from passing orders regarding regularization if the petitioners are found to be eligible in terms of the said Government Order. The Division Bench also observed that any order by the District Collector shall be subject to the decision in the suits and any order passed in favour of the petitioners herein shall not be taken into consideration by the learned Subordinate Judge, Adilabad, while trying the suits. After disposal of the Writ Appeal, the District Collector passed impugned order rejecting regularization. The relevant operative portion reads as under. Here in this case, it is clear that the title claimed by Sri Gadapa Ramaswamy and others has not been substantiated in the Civil Suits and the land remained under the possession of others by virtue of Court Orders. The G.O.Ms.No.777, dated 09.07.1985 is not in operation due to issuance of G.O.Ms.No.508, dated 20.10.1995 and this latest G.O. applies to the Government land covered by dwelling houses but not to the vacant land. In view of the above circumstances, the request of Sri Gadapa Ramaswamy and others for regularization of occupation in Survey No.87 PP of Garmilla Village, Mancherial Mandal is not genuine and therefore deserves no consideration. Accordingly, the petition is disposed of with the above observations. The District Collector filed counter affidavit. In brief, the averments are as follows. As per the revenue records, the names of the petitioners are not found in occupation column in respect of Survey No.87 PP. During the pendency of W.A.No.209 of 1991, the Court of Subordinate Judge, Adilabad, dismissed O.S.No.8 of 1986 on 21.11.1994 filed by the petitioners and decreed the suit filed by Smt. G.V.Anasuya Devi and others and that in execution of the said decree in E.P.No.6 of 1996, the Bailiff of the Court delivered possession to third respondent on 28.06.1996. The first appeal being A.S.No.20 of 1994 against O.S.No.8 of 1986 was also dismissed on 11.12.1995. The Second Appeals were also dismissed on 11.06.1996. After the judgment of the Division Bench in W.A.No.209 of 1991, the petitioners have filed O.S.No.1 of 1998 on the file of the District Judge, Adilabad, which was also dismissed on 31.10.2000. The Government issued G.O.Ms.No.777, dated 09.07.1985, for regularization of effective possession and construction of structures in Survey No.87 PP situated at Garmilla Village of Mancherial Town to avoid hardship to the occupants. The said Government Order is not in operation after the issuance of G.O.Ms.No.508, dated 20.10.1995. The same applies to dwelling houses and does not apply to vacant sites. The third respondent in the affidavit filed accompanying the application for vacating the interim order opposed the Writ Petition contending that the Writ Petition is not maintainable in view of a finding of the civil Court that the petitioners have no right and that the land belongs to the third respondent. The Government filed O.S.No.1 of 2004 against the petitioners for declaration of title in respect of land admeasuring Ac.1.00 in Survey No.87, which was purchased by the father of the third respondent. The petitioners herein are not necessary parties to the said suit and, therefore, the third respondent filed I.A.No.90 of 2005 to strike off their names from the suit. At that stage, the petitioners filed counter and brought to the notice of the Court, the pendency of this present Writ Petition. I.A.No.90 of 2005 was dismissed by the Court on 06.07.2007. The petitioner suppressed the facts from this Court and, therefore, the Writ Petition is liable to be dismissed. The counsel for the petitioner, the Senior Counsel for the third respondent and the Assistant Government Pleader for respondents 1 and 2 made their submissions. There is triangular tussle among the petitioners, the third respondent and the Government for the title to subject land. The petitioners allegedly claim occupation and construction of houses, in the same land admeasuring Ac.1.00 which was statedly purchased by the father of the third respondent during 1953-1954. The suit filed by the petitioners for specific performance, based on the document executed by one of the legal representatives of late Murali Manohar Rao, was dismissed. Their appeal before the District Court was also dismissed. Therefore, at least for the purpose of this Writ Petition, the petitioners cannot have any claim or title. Insofar as regularization of occupation of Government land for the purpose of dwelling house is concerned, hitherto, the judgment of the learned single Judge in W.P.No.13724 of 1990 and the judgment of the Division Bench in W.A.No.209 of 1991 cover the matter. The learned single Judge passed the following order. In the circumstances, the petitioners are entitled to the benefit under the said G.O.Ms.No.777, dated 09.07.1985. The writ petition is disposed of with a direction to the respondents to regularize the occupation of the petitioners in Sy.No.87 of Mancherial Town, Adilabad District, in pursuance of the G.O.Ms.No.777, dated 09.07.1985, within a period of four months from the date of receipt of this order. With the above direction, the Writ Petition is disposed of. Advocate’s fee Rs.250/-. No costs. The Division Bench, however, modified the order in the following terms. We hence dispose of this appeal directing that within one month from the date of receipt of a copy of the order passed, the Subordinate Judge trying O.S.Nos.1872 of 1985 and 8 of 1986 shall implead the State Government in the Revenue Department, the District Collector, Adilabad District, the Revenue Divisional Officer, Mancherial, Adilabad District as defendants in the suit, issue notice to them and grant opportunity to the impleaded parties to file written statement and contest the suits. Respondent Nos.10, 11 and 12 to the Appeal are not precluded to pass orders regarding regularization, if respondents 1 to 9 are found eligible in terms of G.O.Ms.No.777, dated 09.07.1985, but any such order shall be subject to the decision of the suits and any order passed in favour of respondents 1 to 9 by respondents 10 to 12 shall have no effect, and shall not be taken into consideration in any manner, by the learned Subordinate Judge in disposing of the suits. The Writ Appeal is disposed of. No costs. The District Collector by impugned order, however, rejected the regularization on the ground that G.O.Ms.No.777, dated 09.07.1985, stands superceded by G.O.Ms.No.508, dated 28.12.2002. After perusing both the orders, this Court is compelled to countenance the submission of the petitioners that G.O.Ms.No.508 does not explicitly supercede the effect and purport of G.O.Ms.No.777, dated 09.07.1985, for reasons more than one. A perusal of the G.O.Ms.No.777 (quoted supra) would show that there were encroachments in Government land comprised in Survey No.87 of Adilabad. The District Collector submitted a report on 23.05.1994, which was forwarded by the Commissioner of Land Revenue. Considering the said report, the Government accorded permission to the District Collector, Adilabad, for regularizing the unauthorized occupation and constructions, by collecting nominal rates ranging from Rs.0.50 ps. to Rs.5.00 per sq. yd. or free of cost if encroachment is less than 100 sq. yds. G.O.Ms.No.508, dated 20.10.1995, was issued in supersession of earlier similar Government Orders dealing generally with regularization issue. The G.O.No.777, which was issued specifically in respect of land in Mancherial Town, does not find place in the reference entry of G.O.Ms.508. On a plain reading of both the orders, it is not possible to reach a conclusion that G.O.Ms.No.508 has superceded G.O.Ms.No.777 as well. The attention of this Court is invited to G.O.Ms.No.765, dated 21.06.2008. A plain reading of the said Government Order would make it very clear that even after regularization of unauthorized occupation and constructions in the Government land in Survey No.87 of Mancherial Town, some people were left over. The local Member of Legislative Assembly (MLA) addressed the Government. Responding positively, the Government issued G.O.Ms.No.765 in continuation of earlier Government Order according permission to the District Collector, Adilabad, for regularizing the unauthorized (left over) encroachments in Survey Nos.87, 388, 418, 420 and 426 (Government Poramboke land) in Mancherial Municipal Limits. This, clinchingly, would show that all along, Government is treating the problem of regularizing encroachments and constructions in Survey No.87 and other survey numbers of Mancherial Town, separately. Of course, the issue of separate Government Order for Mancherial Town may not deny the benefit available under G.O.Ms.No.508. But certainly this Government Order does not supercede G.O.Ms.No.777. To that extent, the impugned order is unsustainable. Insofar as the right of the petitioners is concerned, there is no denial that pursuant to the decree in O.S.No.14 of 1989 filed by the sister of respondent No.3 and others, execution was taken out in E.P.No.6 of 1996. The possession was delivered to the third respondent. G.O.Ms.No.777, dated 09.07.1985 and G.O.Ms.No.765, dated 21.06.2008 are applicable only in case of a person/persons being in occupation and that occupation is for the purpose of dwelling houses. The petitioners have not placed any material before this Court that they were in occupation and raised constructions. Further, they were dispossessed pursuant to the execution proceedings and possession was already delivered to third respondent. Furthermore, the suit being O.S.No.1 of 2004 on the file of the Court of the District Judge, Asifabad, filed by the State is pending and if ultimately the petitioners, who are defendants Nos.3 to 11, succeed in the suit, the remedy is not to seek regularization, but something else. In this Writ Petition, they cannot be granted any relief. The Writ Petition, for the above reasons, fails and the same is, accordingly, dismissed with costs. _____________ V.V.S. RAO, J Dated: 13.08.2010 KH