M N C DAVID Vs. COMMISSIONER LAND ADMINISTRATION

JUDGEMENT

(1.) THE Prayer in this Writ Petition is to issue a writ of certiorari or any other appropriate writ, order or direction in the nature of a Writ, calling for the records relating to the 1st respondent's order in his Ref. No. Pa. Mu (E) 24802/82 (R.P. 16/82), dated 25.6.1987. which confirmed the 2nd respondent's order in R.C. No. 21407/82, dated 29.1.1982 and the respondent's order in R.C. No. 7810/80-K, dated 25.6.1980 and quash the same.

(2.) THE necessary facts for the purpose of disposal of this writ petition could be gathered from the affidavit of the petitioner. He has stated that he was serving in Indian Armed Forces for about 28 years. He was a subhedar, a non-gazetted rank and in the year 1969 stationed at Nepal Liason Group at Katmandu. He retired from service on 6.1.1970. He was conferred an honorary rank of Captain at the time of his retirement without any pecuniary benefit. Under the policy of Central and State Government free assignment of Government land was granted in favour of the Army personnel, both serving men and Ex-Service men according to their eligibility. Under the said scheme the personnel were granted free assignments of an extent of 5 acres dry and 2 1/2 acres of wet land. THE petitioner while he was in service in the Indian Army applied for the free assignment of land in his favour. THE State Government was pleased to assign in his favour poramboke dry land of an extent of 5 acres in S. No. 564/1 in Dichivakka, village in Sriperumbudur Taluk, Chengalpattu District in and by an order P.C. No. 479, dated 1.11.1969 by the Tahsildar, Sriperumbudur Taluk. THE Form "D" Patta was also issued in favour of the petitioner by the Tahsildar on 1.12.1969.

(3.) ON the basis of the report submitted by the Tahsildar the 3rd respondent passed an order in his Reference R.C. No. 7810/80-K, dated 25.8.1980 purporting to cancel the order of assignment in favour of the petitioner. The reasons for such consideration were that the petitioner is a non-resident of the village where the assigned land is situated; that the petitioner is getting an income from his pension as Ex-Service men; and therefore the petitioner is not eligible to get a free assignment of land. Against the said order of cancellation of assignment, the petitioner preferred an appeal before the second respondent: District Revenue Officer, Chengalpattu District and pointed out that there is no condition either in the scheme of the G.O. or the order of assignment requiring the assignee to be the resident of village or to compel a personal cultivation. Further the pension received by the petitioner as an Ex-Serviceman is not an income concerned for the free assignment of land in favour of the petitioner. He has also brought to the notice of the authority that the free assignment was made not to an Ex-Serviceman after his retirement, but in favour of a serving personnel, while he was in service in the army. However, the second respondent overlooking all these aspects, in his order Ref. R.C. No. 214087/80-B3, dated 29.1.1982 dismissed the petitioners' appeal and confirmed the third respondent's cancellation order. The reasons given by the second respondent for dismissing the appeals was that the petitioner is not eligible for free assignment under S.O. 15(3)(2)(ii) as he was not landless poor at the time of assignment by reason of his getting pension of Rs. 198/- per month.