IMPORTANT POINT
The court affirmed that the assignment of land to ex-servicemen and their legal heirs is protected under government orders, allowing for ownership claims despite administrative disputes.

ORDER :

1. Heard Smt. D.Padmavathi, the learned counsel appearing on behalf of the Petitioners, learned Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3 and Sri V.Narasimha Goud, learned Counsel appearing on behalf of respondent No. 4.

PRAYER:

2. The Petitioners approached the Court seeking prayer as under:

“.....to issue a Writ order or direction one more particularly in the nature of writ of Mandamus (i) declaring the action of the respondents 1 to 3 in seeking to allot the petitioners property admeasuring Ac.500 gts in Sy.No. 947 situated at Jawaharnagar Village, Shamirpet Mandal, Ranga Reddy District to the 4th respondent as illegal, arbitrary, unconstitutional, (ii) declare the action of the respondents inducting respondent No 4 in purporting to make a claim on the petitioners property even without issuing any proceedings in law or without issuing notice as illegal, arbitrary, unconstitutional and in breach of principles of natural justice (iii) to direct the respondents not to interfere with the petitioners rights over the said land in any manner and pass...”

3. PERUSED THE RECORD:

(A) Proceedings No. B/2372/2010, dated 30.06.2010 of the 3rd Respondent - Tahsildar, Shamirpet Mandal, read as under:

“To

The District Collector,

Ranga Reddy District.

Sir,

Sub: LANDS-R.R. District - Shamirpet Mandal - Jawaharnagar Village - Sy.No. 947 admeasuring Aç.5.00 Gts- Request for release of land from HUDA and issue of NOC - Report called for Submitted - Reg.

Ref:

(1) A/o. Sri P. Vijay Kumar, S/o. P. Bala Ramaiah and S. Vishnuvardhan Reddy, S/o. Madhava Reddy Dt. 14.05.2010 filed before the Collector, R.R. District.

(2) Collector, R.R. District, Lr.No. E5/2384/2010, Dt. 18.05.2010.

(3) Report of the MRI, Shamirpet (M), Dt. 17-06-2010.

***

I invite kind attention to the subject and references cited and submit that the matter has been enquired. The facts of the case in brief are such that during the year 1941 the British Army authorities acquired an extent of Acres 5977.00 of Waste Land, Excision from 10 villages (now under the jurisdiction of Jawaharnagar Village in Hyderabad East Taluka Hyderabad State by paying compensation to affected villagers from the defense fund vide Lr. No: 828 dated 12 MEHIR 1351 Fasli for Defense purpose during the year 1950. Subsequently, on withdrawal of British troop and demobilization of Nizam Army, Government of Hyderabad, Hyderabad State developed the land by investing 5.00 Lakhs from the post war services and re-construction funds. The land has been taken over possession from the Military Estate Officer on 23.7.1951 for rehabilitation of Ex-Army personal, especially those who are demobilized from British Troop/ Hyderabad Army on account of deduction in strength of Armed Forces after 2nd world war.

After the military stopped using the land for its purposes, the Government issued orders in G.O.Ms. No. 25, dated 23.10.1952 allotting the land to Labour Department to rehabilitate Ex-servicemen personnel.

A Co-operative Society was registered known as Jawaharnagar Co-operative Land Colonization Society (JCLCS, for brevity) as per the orders of the Government in their memo No. 3773-75-13 dated 9.10.1958. Though land was transferred to the Society, it was under the custody of Registrar of Co-operative Societies (RCS).

While the matter stood thus, the Society issued/allotted land in favour of (149) Ex-servicemen, though there was no proper localization. When there were allegations of mismanagement against the Managing Committee of the Society, the District Collector by proceedings dated 27.10.1968 superseded the Committee and appointed Co-operative Sub-Registrar as Special Officer to manage the affairs of the Society.

On representation given by the members of the Society, the District Collector, recommended to the Government for resumption of the land from the society under the custody of RCS and for assignment of land to the eligible Ex- service men directly. The proposal of the District Collector vide Le