THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8690 of 2007 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the revenue authorities in allotting the land to an extent of Ac.4-26 guntas in Sy.No.365/1 in favour of 9th respondent as arbitrary, illegal and violative of principles of natural justice and also contrary to patta granted in favour of husband of first petitioner Pothina Adiyya, Ex-Serviceman under Ex-Serviceman quota without there being any cancellation of such patta and consequently direct the respondents not to interfere with the possession and enjoyment of petitioners over the land in Sy.No.365/1 and further direct the respondents 2 and 3 to register the document presented by the petitioners in respect of land in Sy.No.365/1 in terms of G.O.Ms.No.1117 Revenue (Assignment-I) dated 11.11.1993. According to the first petitioner, her husband was an Ex- Serviceman and he was assigned with Ac.4-26 cents of dry land in Sy.No.365/1 of Madhuravada village, Visakhapatnam Rural vide Certificate No.736, D.R.No.252 of 1970 dated 30.10.1970 under Ex- Serviceman quota. The name of first petitioner’s husband was incorporated in all the revenue records as early as in the year 1970 as pattedar in respect of land to an extent of Ac.4-26 in Sy.No.365/1of Madhuravada village and the same is being continued till date. Further, the husband of first petitioner died on 6.10.2001 and while he was alive, he had brought the land under cultivation and raised a thatched house and also obtained electricity connection from the Electricity Department vide Service Connection No.1804. The said thatched house was gutted in a fire accident on 23.6.2004 and in the said accident, all the household articles, valuables including original patta certificate issued by revenue authorities was burned. After the death of her husband, first petitioner and her children are in possession of the subject land. First petitioner approached 7th respondent-Mandal Revenue Officer and obtained Xerox copy of patta showing assignment of land in favour of her husband in the year 1970 and accordingly she requested respondents 4 to 7 to incorporate her name in the revenue records and to issue pattadar passbooks and title deeds in her favour, but there was no response from the authorities. However, according to the first petitioner, the name of her husband is being continued in all the revenue records as pattedar. As per G.O.Ms.No.1117 Revenue (Assignment-I) Department dated 11.11.1993, wherein orders were issued by the Government directing that Ex-Serviceman in whose favour lands are assigned, are free to alienate their lands after a period of 10 years. The subject land is not notified under Section 22-A of the Registration Act and when the petitioner was intending to sell away the land, she was not permitted to do so by the Registration authorities stating that the petitioner should obtain No Objection Certificate from the Revenue authorities. When the petitioner approached the Revenue Authorities for grant of NOC, the Mandal Revenue Officer orally informed that the subject land was already allotted in favour of Sri Srinivasa Vidya Parishad (9th respondent) for establishment of an educational institution. Thereafter, first petitioner made a representation to the 8th respondent-Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad on 12.9.2001. In the said representation, she has categorically stated that the land in Sy.No.365/1 to an extent of Ac.4-26 guntas was originally assigned in favour of her husband under Ex-Serviceman quota and since then they are in possession and enjoyment of the same and they have also raised Eucalyptus (Nilagiri) and cashew trees and they are available on the land which are aged about 20 to 30 years and 9th respondent without any authority has encroached part of their land and despite making representations to the authorities at District Level, they have not taken any action. On the said representation, 8th respondent directed the 4th respondent-District Collector to look into the matter, who in turn directed the 7th respondent to examine the matter and submit a report. The 7th respondent conducted survey of the land and submitted a report on 9.1.2007 stating that when the land was inspected along with the Mandal Surveyor, it is learnt that an extent of Ac.4-26 cents in Sy.No.365/1 of Madhuravada village, was assigned in favour of first petitioner’s husband Pothina Adiyya in the year 1970 vide Patta No.736 in D.R.No.252/70 dated 30.10.1970 under ex-serviceman quota. From the date of assignment P.Adiyya along with family members is cultivating the land and also raised a thatched house in H.No.1-18, Electricity No.1804 and after his death, petitioner is enjoying the said land and on 26.3.2004 the thatched house was burnt in a fire accident and presently she is residing with her son. During the inspection it is noticed that there are Eucalyptus trees (Nilagiri) on the land aged about 30 years. The learned counsel for petitioner stated that the Government issued Memo dated 15.12.2003 seeking alienation proposals of subject land in favour of 9th respondent on payment of market value, without issuing any notice to the petitioner. He further contended that the petitioners have been in continuous possession and enjoyment of the subject land since the date of issuance of patta to Pothina Adiyya and after his death, petitioner inherited the same. The name of petitioner’s husband Pothina Adiyya is being continued in all the revenue records as pattedar of the subject land. The Tahsildar has filed a detailed counter admitting all the facts narrated in the affidavit filed in support of the writ petition. Under those circumstances, I am of the opinion that the writ petition as prayed for is liable to be allowed. Accordingly, the writ petition is allowed and the respondents are directed not to interfere with the possession and enjoyment of the petitioners in respect of Ac.4-26 cents of dry land in Sy.No.365/1 of Madhuravada village, Visakhapatnam Rural without following due process of law. No order as to costs. ______________ C.V.RAMULU, J Date: 29.7.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8690 of 2007 29.7.2009