AIRWA BHARATHAMMA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In the year 1972 the petitioner's husband Airva Kishan Rao, who is an Ex-servicemen applied to revenue authorities for assignment of Acs.10.00 of land as per various Government Orders permitting such assignment in favour of Ex-servicemen. Said Kishan Rao was given eksai lease in respect of the land in S.No.161 of Garrepalli Village of Karimnagar District admeasuring Acs.5.00. The land was classified in revenue records as irrigation dry. Be that as it is, there was a ban at the relevant time for assignment of any land which is likely to come under the Command Area of Sriramsagar Project (Pochampadu Project), which was then being constructed. However, Kishan Rao and after his death his wife, Bharathamma, petitioner herein, were given eksai lease continuously. By order dated 17.9.1991 vide G.O. Ms. No.818, the Government lifted the ban for assigning the land under Pochampadu Project. By Memo No.F/2434/ 92, dated 4.11.1993 and the consequential Memo of even date, petitioner was informed that as per the relevant Government Orders an Ex-serviceman is entitled to assignment of Acs.4.00 of dry land or Acs.2.20 of wet land and that the petitioner is to be evicted in respect of the land over and above Acs.2.20. Assailing the same, present writ petition is filed.

(2.) The respondents filed a counter-affidavit opposing the writ petition. Reliance is placed on G.O. Ms. No.818 dated 17.9.1991, which is to the effect that assignment of land can only be to the extent of Acs.050 of wet land and Acs. 1.50 of dry land. The matter was heard on 14.6.2004. At the request of the learned Government Pleader to produce the relevant Government Orders before this Court, the matter was adjourned. Today, learned Government Pleader has produced various Government Orders and Memos for consideration of this Court.

(3.) It is not denied before me that the land in S.No.161 is irrigation dry land, but it was coming with the Command Area of Sriram Sagar Project. As per sub- paragraph (7)(i) of paragraph 22 of Board Standing Order 15, the lands included in the ayacut of the project shall be treated as wet lands only, for purposes of assignment, though wet cultivation has not yet been done. In that view of the matter, the land which was given to the petitioner's husband and later to petitioner on eksai lease has to be treated as wet land only, for the purpose of assignment.