T.LAKSHMI THERESAMMA Vs. GREATER VISAKHAPATNAM

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) The brief facts of the case are that, Respondent Nos. 1 & 2 are jointly involved in a flagship scheme of the Government called Affordable Housing Scheme. The second respondent is the Executive Agency of the Scheme and the fourth respondent being the custodian of the government land, allotted certain land for the said scheme. Vide proceedings dtd. 9/2/2018, the fourth respondent directed the third respondent to take advance possession of the land, in which the petitioners land of an extent of Ac.4-59 cents in Sl.No.6 in Sy.No.371/1 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhaptnam, is also included.

(3.) The petitioners husband - Sri T. Nandayya served in the Armed Forces between the years 1944 to 1961, participated in World War-II and discharged from service on 6/10/1961. On his application, the then Tahsildar Bheemunipatnam assigned land admeasuring Ac.4-59 cents in Sy.No.371/1 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District on MSM,J WP_12757_2018 17/11/1992 vide Patta No.225-5. The land was carved out of main Sy.No.314 and it was formed out of sloppy hill poramboke. The petitioners husband made application to the then Tahsildar, Bheemunipatnam on 11/5/1996 to mutate his name in the revenue records, issue pattadar passbooks and title deeds. The Tahsildar ignored the application of the petitioners husband and did not take any action. He further made similar applications on 18/9/2000 and 8/9/2005, but the fourth respondent ignored the request of petitioners husband. While so, the petitioners husband died on 19/9/2005. Subsequent to his death, the petitioner also made application to the fourth respondent - Tahsildar on 23/12/2009. Inspite of repeated requests from the petitioner and her husband, the fourth respondent - Tahsildar had neither rejected nor accepted the request of the petitioner.