PARAMKUSHAM VIJYA LAXMI Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the inaction of the respondents, in restoring the land admeasuring Acs.5.00 in Survey No. 449/32 of Surampalli Village, Sircilla Mandal, Karimnagar District, or in allotting alternative land to the petitioner, as illegal and arbitrary. The petitioner claims that she is the widow of a freedom fighter; that her husband was assigned an extent of Acs.5.00 of land in Survey No. 449/32 of Surampalli Village on 29.7.1976; and that her husband died on 9.3.2000. She has pleaded that without any notice or opportunity to her, the land assigned to her husband was allotted to Textile Park in the year 2002-03; that she has approached the respondents with a representation on 28.5.2010 for restoration of the said land and the same was followed by another representation dated 18.4.2011; and that on 1.6.2011, respondent No. 2 has addressed a letter to respondent No. 4 to examine the claim of the petitioner. In response to the same, respondent No. 4 has submitted a report on 18.7.2013, wherein he has stated that the petitioner's husband was a freedom fighter and that he was sanctioned freedom fighter's pension. Respondent No. 4 has also stated in his report that for formation of Sircilla Textile Park, Acs.500.00 of Government land was resumed, which included the extent of Acs.5.00 of land assigned to the petitioner's husband. It is further stated in the said report that the assigned land was brought under cultivation and he has noticed some field remains. He has recommended that though a part of the land allotted to Textile Park is still vacant, it may not be feasible to restore the above-mentioned land to the petitioner and that instead, the petitioner may be advised to choose any other Government land free from encroachment in any Village of Sircilla Division. In the alternative, respondent No. 4 has recommended to de-notify the extent of Acs.5.00 of land and re-deliver the possession thereof to the petitioner.

(2.) Having regard to the abovementioned report of respondent No. 4, this Court has passed an order on 5.11.2013, directing respondent No. 2 to ensure that a suitable alternative land is identified for allotting the same to the petitioner.

(3.) Respondent No. 2 filed counter-affidavit, wherein he has, inter alia, averred that an extent of Acs.149.00 of land in Surampalli Village was assigned to 31 persons in the year 2002; that the husband of the petitioner is one among them; that on the representation made by the villagers, during the Janmabhoomi programme, that the assignees have not cultivated the land in Survey No. 449 of Surampalli Village, notices were issued to the assignees on 13.6.2002 by the then Tahsildar, Sircilla Mandal, to show-cause why the assigned land shall not be resumed to the Government for violation of the assignment conditions; that while some of the notices were served on the assignees, some notices were affixed on the notice board of Surampalli Gram Panchayat on 15.6.2002; and that as the assignees failed to submit their explanation within the stipulated time, the Tahsildar, Sircilla has issued proceedings, vide Proc. No. B/1907/2002, dated 15.7.2002, resuming the land to the Government. It is further averred that the said land was allotted to Sircilla Urban House Site Colony in continuation of the Textile Park.