LAKSHMI KANTAM Vs. LIEUTENANT GOVERNOR & OTHERS

JUDGEMENT

(1.) This disgruntled and tenacious petitioner, with a view to hiding his ill motive and to get an illegal advantage, time and again filed writ petitions. She obtained some directions from her former writ petitions but all along the Administration foiled her attempts. Now the time is up to shot her down from filing such type of Writ applications again and again on self same cause of action.

(2.) The grievance of the petitioner as reflected in the Writ application is such that she had purchased a house site bearing Survey No.2754 Area 340 sq. mtrs. situated at Dugnabad village on 28.9.1973 and she had constructed a small house on the said site. When she wanted to repair the said house in the year 1978, she could not repair the same as a considerable portion was allegedly encroached by one Abdullah. She then filed a representation before the Deputy Commissioner stating that her purchased land has been encroached by the said Abdullah and she wanted to get an alternate allotment of land and to settle the dispute. Thereafter, the Revenue Department, on inspection of the subject site furnished a report and concluded that since one Jogin Singh had constructed the house on Site No.2754 sometimes during 1969-70, so the said Revenue Court had no jurisdiction to settle the dispute and to allot the alternate land in lieu of her existing site. Thereafter, several correspondences were exchanged between the Revenue Department and herself but her desire was not materialized. Thereafter, a proposal was initiated by the Department concerned to allot her a land but ultimately it was given to Customs Department. Again she persuaded that matter and this time it was recommended by the said authority that she may be given an alternate land. Thereafter, the said land bearing Survey No.2886/2 had been allotted to the Education Department. Thereafter, there was a second proposal of allotment of alternate land but that also could not be materialized because the same was allotted to Municipal Council. The petitioner again drew the attention of the Revenue officials and submitted a representation and this time his representation was forwarded by the Counselor (Revenue) to the Lieutenant Governor. She was asked to take part in discussion but ultimately no discussion took place.

(3.) On the contrary, the proposed land was given to Education Department. The Tehsildar concerned dealt with the case further and submitted his report in this fashion "case examined and it reveals that the then Lt. Governor approved the allotment of an alternate site in favour of Smt. Lakshmi Kantam but the possession of the site could not be given to her as the same had been allotted to the Education Department". According to him, since the proposal for giving alternate land had been approved by Lt. Governor so she ought to have given that land. When all her such attempts ended in smoke she filed a Writ application being WP No.36 of 2008 wherein Hon'ble Single Bench has given a verdict "I therefore direct the Deputy Commissioner to implement the decision of allotment of land if taken, taking note of which is annexed to the writ petition being Annexure P-16" . Inspite of such specific direction she was not given alternate land. The Deputy Commissioner, after getting a solemn direction of the learned Single Bench dealt with the issue and came to the conclusion that since no decision has been taken on the proposal for alternate allotment so they are unable to give her any relief.