Partly allowed

Smt. G.Jayalakshamma, v. The Government of Andhra Pradesh

Telangana HC7 Jun 2010WP/700/2009

Case brief

AI extract

What is this about?

The High Court directed respondents to strictly adhere to government norms for land assignment. No assignment shall be finalized without placing the matter before the constituted committee headed by the constituency M.L.A.

What did the court decide?

The writ petition is disposed of directing respondents to strictly adhere to norms; no assignment shall be finalized without placing the matter before the concerned committee.

Smt. G.Jayalakshamma, Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2010)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND NINE

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PRESENT

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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 700 of 2009

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Between:

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Smt. G.Jayalakshamma, W/o. G.Anantha Reddy, R/o. Dharmavaram Village, and Mandal, Ananthapur District.

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..... PETITIONER

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AND

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1 The Government of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

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2 The District Collector, Ananthapur District, Ananthapur.

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3 The Revenue Divisional Officer, Dharmavaram, Ananthapur District.

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4 The Jont Collector, Ananthapur District, ananthapur

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5 The Tahasildar, Dharmavram,

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Ananthapur District.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order more particularly one in the nature of Writ of Mandamus declaring the action of the resopndent in proposing to grant assignement pattas for the government lands situated in Regatipalli Village, Dharmavaram Mandal, Ananthapur District as illegal, arbitrary and to pass

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Counsel for the Petitioner:MR.SRINIVAS DAMMALAPATI

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Counsel for the Respondent No.: GP FOR REVENUE

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The Court made the following :

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THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY

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W.P.No.700 of 2009

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ORDER:

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The petitioner is Member of Legislative Assembly (for short ‘M.L.A.’) o f Dharmavaram. The Government issued G.O.Ms.No.146. Revenue Department, dated 5-2-1996 constituting Assignment Review Committee. The same was amended through G.O.Ms. Nos.16 and 98 dated 17.01.2005. The committee is to be headed by an M.L.A. of the constituency and comprising of various members including the Revenue Divisional Officer, three social workers, the Mandal President etc. The assignment of any land in the constituency in favour of beneficiaries has to be finalized by this committee. The petitioner states that a list of beneficiaries was prepared for assignment of Government land for Regatipally Village and on verification by her, it emerged that the list contained the names of several ineligible persons and the actual names of deserving persons were not included. She addressed a letter dated 21.08.2008 to the District Collector.

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The grievance of the petitioner is that the respondents are trying to finalize the list of assignees for the said village without her participation.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

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The Government itself issued orders from time to time constituting committees for finalization of assignment at various levels. The M.L.A. of the constituency is made the Chairman of the Committee. If, for any reason, the assignment cannot be finalized at that level, the District Level Committee is conferred with the power to do the same. The District Level Committee comprises Legislators and District Collector etc.

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It is just unconceivable that the assignment in a village can assume finality without participation of the M.L.A. The concerned authority has to process the applications and finalize the list in accordance with the guidelines framed by the Government.

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Hence, the writ petition is disposed of directing that the respondents shall strictly adhere to the norms and guidelines issued by the Government for assignment of land and no assignment shall be finalized without placing the matter before the concerned committee. There shall be no order as to costs.

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____________________ L.NARASIMHA REDDY, J

21-01-2009 Stp

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER To

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1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS}