2018 Supreme(AP) 1
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
RAMESH RANGANATHAN, J.UMA DEVI, JJ.
The Annavarappadu Hut Peoples’ Association, Ongole, Rep. by its President – Petitioner
Versus
The Government of A.P. rep. by its Secretary, Revenue Department & Ors. – respondents
WRIT PETITION Nos.11826 OF 1993, 25593 OF 1995, 22635 OF 2004 AND 3287 OF 2007
Decided On : 04-01-2018
For the Petitioner: Sri S. Ramachandra Rao, learned Senior Counsel, Sri. M.R.K. Chowdary, learned Senior Counsel, and Sri P. Sri Raghuram, learned Senior Counsel, Sri M.Subba Reddy, Sri V.V.N. Narayana Rao, Sri K.R. Prabhakar, Learned Counsel.
For the Respondent: Sri M.L. Ali, learned Standing Counsel, Learned Government Pleader for Revenue (Assignments), Sri K.Lakshman, Asst. Solicitor General, Sri R.S.Murthy, Addl. CGSC, Sri P.Bhaskar, Sri P.Phalguna Rao, Learned Counsel.
Headnote:
Constitution of India, 1950 - Article 294 – Seeking to quash - Delivering possession - Maintain status quo - Holding that the members of the petitioner society were entitled for allotment of the lands in their occupation - Writ of certiorari to quash the judgment and decree passed - seeking a mandamus to declare the action - Delivering possession of the abandoned railway land of an extent - arbitrary and illegal - seeking a mandamus, to declare the inaction on the part of the respondents in protecting the land, in an extent - which has been sought to be allotted - An interlocutory order passed - Directed to maintain status quo - Held, In case the parties are not mutually able to resolve the issue, the Railways shall then be entitled to retain the subject land and, instead, refund the consideration received by them with interest at 12% per annum to the State Government which shall, in turn, pay the said amount to the members of the petitioner-Associations from whom it was received. This sum of Rupees , with interest at 12% per annum, shall be refunded within three months of a final decision being taken by the Railways, and in case the decision is not to alienate the subject lands in favour of the State Government. It is also made clear that, in case the Railways do not alienate the subject land to the State Government, - Initiate proceedings afresh for eviction of the other encroachers, (who were not parties to the earlier proceedings for eviction), in accordance with law - Writ Petitions are disposed
Ramesh Ranganathan, J.
1. W.P. No.11826 of 1993 is filed by Annavarapupadu Hut Peoples Association (‘HPA’ for short) seeking a writ of certiorari to quash G.O.Ms. No.224 dated 15.03.1993 holding that the members of the petitioner society were entitled for allotment of the lands in their occupation. W.P. No.22593 of 1995 is also filed by HPA seeking a writ of certiorari to quash the judgment and decree passed in A.S. No.72 of 1992 dated 28.09.1995 on the file of the Additional District Judge, Ongole.
2. W.P. No.3287 of 2007 is filed by the Rajiv Gandhi Railway Co-op. House Building Society seeking a mandamus to declare the action of the respondents, in not delivering possession of the abandoned railway land of an extent of Ac.4.57 cts in Sy. No.63, 68, 69 and 70 of Mamidipalem village, Ongole Mandal as arbitrary and illegal. W.P. No.24069 of 2008 is also filed by the Rajiv Gandhi Railway Co-op. House Building Society seeking a mandamus, to declare the inaction on the part of the respondents in protecting the land, in an extent of Ac.4.54 cts situated in Sy. No.4, 17, 18, 45, 46 and 47 of AHPA village, Ongole Mandal, Prakasham District, which has been sought to be allotted to the petitioners though G.O.Ms. No.224 dated 15.03.1993, as arbitrary and illegal. By an interlocutory order passed on 05.11.2008, the respondents were directed to maintain status quo.
3. G.O.Ms. No.224 dated 15.03.1993 was issued by the Government of Andhra Pradesh allotting an extent of Ac.29.51 cts of Railway land to the Ongole Taluq Non-Gazetted Co-operative House Building Society Limited, and an extent of Ac.11.00 cts to the Rajiv Gandhi Railway Employees Co-operative House Building Society Limited, Ongole, on confirmation from the South Central Railways for the market value fixed by the District Collector, Prakasam. The District Collector was directed to collect the market value of the land, at the specified rate, from the two house building societies in advance, pay the same to the General Manager, South Central Railways, Secunderabad; and take possession of the subject land from the South Central Railway, and then allot the same to the Society expeditiously.
4. G.O.Ms. No.224 records that the General Manager, South Central Railway, Secunderabad had, by his letter dated 12.02.1992, requested the State Government to inform whether they were willing to take over railway land of an extent of Ac.40.51, along the siding of the Ongole railway yard at Ongole, Prakasam District; the matter was referred to the District Collector, Prakasam and the Commissioner of land revenue for their remarks/ recommendations; the District Collector had submitted his proposal, vide letter dated 21.06.1992, for transfer of 40 acres of railway land in AHNP village of Ongole Mandal for grant of house sites for an extent of Ac.34.69 cts in favour of the Ongole Taluq Non-Gazetted Officers, and an extent of Ac.5.82 cts in favour of the Railway Employees at Ongole on payment of market value in advance; the Commissioner of Land Revenue had, vide letter dated 04.07.1992, endorsed the proposal of the District Collector; aggrieved by the proposal of the District Collector, the Rajiv Gandhi Employees Society had filed W.P. No.9847 of 1992 before the High Court which was disposed of with a direction to the District Collector to allot land to the petitioners in proportion to the strength of the members, of both the petitioner as also the respondent society, after conducting a meticulous enquiry regarding the genuineness of the members; the Ongole Taluq Non-Gazetted Officers Co-operative House Building Society, and the Rajiv Gandhi Employees Society, had entered into a compromise, and had filed the same vide letter dated 11.02.1993, pursuant to the order of the High Court in W.P. No.9847 of 1992 dated 30.09.1992; and, in view of the compromise entered into by both the Societies, the District Collector had finally submitted revised proposals in his letter dated 13.02.1993 for allotment of