Disposed

Nalam Srinivasa Rao v. The State of Andhra Pradesh

Andhra Pradesh HC11 Aug 2021WP/15481/2021

Case brief

AI extract

What is this about?

This single-judge court disposed of a writ petition filed by an ex-serviceman seeking land assignment. The court directed the 2nd respondent to consider the petitioner's application within eight weeks, relying on the recommendation of the Zilla Sainik Welfare Officer.

What did the court decide?

Directed the 2nd respondent to consider the petitioner's application dated 11.03.2020 within eight weeks, keeping in view the recommendation of the Zilla Sainik Welfare Officer.

Nalam Srinivasa Rao Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.15481 OF 2021

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ORDER :

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The present Writ Petition under Article 226 of Constitution of India is filed for the following relief:-

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“ to issue a Writ, order or direction especially one in the nature of Writ of Mandamus declaring the inaction of respondents in considering the application dated 11.03.2020 made by me petitioner qua assignment of land in S.No.11/1 of Kasimkota Village and Mandal, Visakhapatnam District as per Board Standing Orders as illegal, arbitrary violative of Article 21 of the Constitution of India and consequently direct the respondents to consider the application dated 11.03.2020 made by the petitioner qua assignment of land in S.No. 11/1 of Kasimkota Village and Mandal Visakhapatnam District .”

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The case of the petitioner is that the petitioner is an

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ex-servicemen who joined in services on 31.10.1995 and served as hawaldar in Jammu and Kashmir Light Infantry till his discharge on 31.10.2019. Thereafter, the petitioner came back to Kasimkota and started living with his family. Except the pension, the petitioner has no other source of income and it is very difficult to lead the family with the megre pension amount. The petitioner as an ex-service man is eligible for assignment of land. As per G.O.Ms.No.743, dated 30.04.1963, Ex-servicemen are eligible for assignment of Ac.2.50 wet or Ac.5.00 of dry land. As per G.O.Ms.No.612 dated 19.12.2017, revising the existing rule that applications shall be made within 12 months of discharge has extended to three years from date of discharge.

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In accordance with the aforesaid Government Orders, the

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petitioner made an application dated 11.03.2020 for grant of patta in his favour on 11.03.2020 i.e., within five(5) months from the date of discharge from service. Later on, the recommendation in pursuance of his application was also made by the Zilla Sainik Welfare Officer to the 2^nd respondent. But no action has been taken till date and therefore, the inaction of the 2^nd respondent is questioned as he failed to discharge his public duty.

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During hearing, learned counsel for the petitioner reiterated his contentions, whereas the learned Assistant Government Pleader for Revenue requested to issue an appropriate direction to Respondent No.2 to pass appropriate orders on the application of this petitioner dated 11.03.2020, keeping in view the recommendation made by the Zilla Sainik Welfare Officer.

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In view of the submission of the learned Assistant Government Pleader for Revenue, no adjudication on the factual aspects is necessary and suffice it to direct the 2^nd respondent to consider the application of the petitioner dated 11.03.2020 keeping in view the recommendation made by the Zilla Sainik Welfare Officer, within Eight(8) weeks from today. No costs.

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With the above direction the Writ Petition is disposed of. There shall be no order as to costs.

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The miscellaneous petitions pending, if any, shall stand closed.

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_________________________________________ JUSTICE M. SATYANARAYANA MURTHY

Date.11.08.2021 tm

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.15481 OF 2021

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Date:11.08.2021

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Nalam Srinivasa Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nalam Srinivasa Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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