IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26026 of 2007 Between: 1 P. Tulasi Ratnam W/o. P. Babu Rao R/o. C-11, Eswarpuri , Sainikpuri, Secunderabad. 2 G. Rama mani W/o. G. Gopal Rao R/o. Hyderabad. 3 B. Vijaya W/o. B,. Raman R/o. Hyderabad. 4 Smt. A.N. Valli W/o. A. Venu Gopal R/o. Hyderabad. 5 Smt. D. Devaki Srinivasulu W/o. D. Srinivasulu R/o. Hyderabad. 6 Miss. D. Sanjana D/o. D. Srinivasulu Rep. by guardina Mother D. Devaki Srinivasulu R/o. Hyderabad. ..... PETITIONER(S) AND 1 The Chief Commissioner of Land Administration & Chief Secretary to Government, Government of A.P., Hyderabad. 2 The District Collector, Ranga Reddy District, Lakadikapul, Hyderabad. 3 The Revenue Divisional Officer, (East Division) Ranga Reddy District, Ghosha Mahal, Hyderabad. 4 The Mandal Revenue Officer, Shameerpet Mandal, Shameerpet, Ranga Reddy District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not passing orders in CCLA Ref No. BB1/1718/2005 CCIA as illegal, arbitrary and violative of the principles of natural justice and further direct the respondents to pass orders in CCLA Ref. No. BB1/1718/2005CCIA and pass such other order or orders Counsel for the Petitioner:MR.M.V.DURGA PRASAD Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 26026 of 2007 Order: The petitioners, who claim to be the legal heirs of one D. Venkata Raju, who is an ex-serviceman, state that in the year 1950 or thereabout, the Government embarked upon a proposal to assign the land to ex-servicemen, and to facilitate the same, the Government earmarked Ac.59.03 guntas of land in Chinapeta village, Shameerpet Mandal, Ranga Reddy District, vide orders in G.O. Ms. No. 25, dated 23.10.1952, and a Co-operative Society was registered known as Jawaharnagar Cooperative Land Colonization Society, as per the orders of the Government, vide Memo dated 09.01.1958. They state that the said D. Venkata Raju also became member of the said society and was allotted an extent of Ac.5.36 guntas situated in Survey Nos.640, 641 and 643 by the said Society and was put in possession and enjoyment of the same. They further state that when there was threat of dispossession from the land in question, the said D. Venkata Raju filed a writ petition in W.P. No. 2253 of 1994, and this Court, by order dated 25.01.1996, disposed of the said writ petition with a direction to the District Collector, Ranga Reddy, to consider the case of the petitioner therein for the purpose of assignment, subject to compliance of the requirements under the Laoni Rules and the instructions issued by the Government from time to time, and till such consideration, the petitioner therein should not be dispossessed, and also directed to complete the said exercise within four months from the date of receipt of a copy of that order. According to the petitioners, the respondents have not passed any orders as directed by this Court, and thereafter, some other ex-servicemen filed writ petitions in W.P. Nos.3912 of 1992 and batch, and this Court, by common order dated 25.03.2004, disposed of the said writ petitions directing the Mandal Revenue Officer concerned to consider the cases of ex-servicemen and regularize their possession by issuing D-Form pattas in their favour or their legal heirs wherever necessary and liberty was given to the ex-servicemen to make a representation before the Mandal Revenue Officer, Shameerpet Mandal on 15.04.2004, with relevant material, in that regard. While so, it is the case of the petitioners that the 2nd respondent-District Collector, based on the report filed by the 4th respondent-Mandal Revenue Officer, passed orders dated 30.04.2005, rejecting the claim of D. Venkata Raju on the ground that he was not in possession of the property at the time of physical inspection made by the Mandal Revenue Officer and that the land in question is in possession of one Babu Rao and Ganesh. Aggrieved by the said orders, late D. Venkata Raju filed appeal before the 1st respondent-Chief Commissioner of Land Administration on 31.08.2005, which was taken on file in CCLA Ref.No.BB1/1718/2005. The grievance of the petitioners is that subsequent to filing of the said appeal, D. Venkata Raju died leaving behind them as his legal heirs, and even though the 1st respondent, vide letter dated 08.09.2005, directed the 2nd respondent-District Collector to send a detailed report in the matter, so far no action thereon had been taken. Hence, they filed the present writ petition. The learned Assistant Government Pleader for Revenue, on instructions, submits that even though the 1st respondent-Chief Commissioner of Land Administration has called for a detailed report from the 2nd respondent-District Collector as far back as on 08.09.2005, he has not yet sent any report, and therefore, the matter is pending consideration before the 1st respondent. He further submitted that D. Venkata Raju has not filed any appeal and it is only a representation. On the other hand, the learned counsel for the petitioners submits that even though it is in the form of representation, it is an appeal filed under Section 166 (b) of the A.P. (T.A) Revenue Act, 1317 - F. Be that as it may, the petitioners are legal heirs of late Sri. D. Venkata Raju, and since the representation filed by late D. Venkata Raju, for grant of patta in respect of the land in question, is said to be pending consideration before the 1st respondent, I deem it appropriate to dispose of the writ petition with the following directions: The 1st respondent-Chief Commissioner of Land Administration is directed to consider and dispose of the representation dated 31.08.2005 filed by late D. Venkata Raju, treating it as appeal filed under Section 166 (b) of the A.P (T.A.) Revenue Act, 1317 – F, after issuing notices to the petitioners and after considering their explanation or any material that may be submitted by them, and pass appropriate orders thereon in accordance with law, expeditiously, preferably within a period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 26.06.2008 Ksr/Nsr