PESTONJI D BARIA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This order disposes of all the three writ petitions viz., W.P.No.11031 of 1989; W.P.No.13353 of 1989 and W.P.No.29847 of 1995.

(2.) One Sivaram Parasrami Navani contended that he was allotted Ac.12-21 gts. of land in S.No.381 of Mancherial village, Rajendranagar mandal in Ranga Reddy district by the then Settlement Officer and Custodian of Evacuee Property, Bombay. This was under proceedings in R.C.No.Hyd/57/1786 dated 7-3-1969. The proceedings were marked to the Deputy Custodian-cum-District Collector, Hyderabad and the Managing Officer (Tahsildar, Hyderabad West Taluk) for effecting the delivery of the said vacant possession of the said allotted land to Sri Sivaram Parasrami Navani (for short 'Navani'). The applications were made on behalf of Navani for handing over the vacant possession in pursuance of the aforesaid order. Ultimately Mr. Navani allegedly made a petition before the Custodian and Secretary to Commissioner of Survey Settlement and Land Records, A.P., Hyderabad some time in September, 1988. The said authority by an order dated 27-2-1989 in C.S.R. and L.R's proceedings No.SEP 3/147/82 directed the Mandal Revenue Officer, Rajendranagar to hand over the possession of the vacant area of only Ac.8-01 gts. of land to the petitioner. One Sri P.D. Baria filed an objection petition not to deliver the possession of the land in S.No.381 of Sri Navani or his agent Tulj'a Singh as he (Mr. Baria) had purchased Ac.4-20 gts. from the said S.No.381 by a registered sale deed and that he was in actual possession of the said land for more than 30 years. The Custodian, A.P. Hyderabad and Secretary to the Commissioner of Survey Settlement and Land Records, A.P., Hyderabad heard the said objection. After making necessary enquiry the Custodian held that the objection made by Sri P.D. Baria that he was the owner of the land was a belated one and he should have approached the Regional Settlement Commissioner, Bombay in the year 1954 itself. However, the Custodian held that Mr. Baria being a sitting occupant since 1952 in the said land he was eligible for regularisation of theoccupation by a negotiated market value and it was not fair to evict him from the said land. He further ordered that an amount of Rs. 10,000.00 should be collected from the sitting occupant, Mr. Baria. for rcgularisation of his occupation. Time of one month was granted for approaching the Mandal Revenue Officer, Rajendranagar to remit the negotiated market value.

(3.) Thus Sri Navani was not given the possession of Ac.4-20 gts. of land which was found to be in possession of Mr. Baria. This order was passed by the Custodian on 29-5-1989 in case No.SEP.3/147/82. -