THE HONOURABLE SRI JUSTICE V.V.S.

RAO
(Issued while disposing of the Writ petitions filed by various people)
COMMON ORDER :
Background facts are similar and questions of law that would arises are almost similar, it would be
expedient to dispose of all the WPs by common order.
Land ear marked for allotment/assignment to Ex-servicemen : 5977.03 acres at Jawaharnagar village
of Shamirpet Mandal, RR District.
(preference: participation in World War-II and discharged from Armed Forces consequent upon
the reduction of strength ) ( see at page no. 5, 1st paragraph ending)
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land was under military for firing practices purpose (Artillery Station, Bollaram) and they
stopped it for use)
GO Ms No. 25 dt. 23-10-1952 issued assigning the land to Labour Deptt to
REHABILITATE Ex-servicemen personnel.
A Cooperative Society was registered known as Jawaharnagar Cooperative Land Colonization Society (JCLCS, for brevity) as per the orders of the Govt. in Memo dt. 9-1-1958.
Though the land was transferred to Society at (3) above but was under the custody of
Registrar of Cooperative Societies (RCS).
The Society allotted land to 149 Ex-servicement though there was NO proper localization.
So there were allegations of mismanagement against the Management Committee of the
Society.
District Collector by proceedings dt. 27-10-1968 superceded the Committee and appointed
Cooperative Sub-Registrar as SPECIAL OFFICER to manage the affairs of the Society.
On representation given by Members of the Society, Dist. Collector vide letter dt. 1-4-1970
recommended to the Govt. for resumption of the land from the Society under the custody of
RCS and for assignment of land to the ELIGIBLE Ex-servicemen.DIRECTLY.
Govt. accepted the proposal at (7) above and issued orders in GO Ms No. 17 dt. 5-1-1976,
the land admeasuring 5977.03 acres from JCLCS, Malkaram village, Medchal Taluk and
disposed of by way of INDIVIDUAL assignment to Ex-servicemen for whom the
SCHEME was originally intended ON PRIORITY BASIS.
Govt. in Revenue deptt. Issued YET ANOTHER order by Memo 28-5-1976 directing the
authorities to follow guidelines stated in GO Ms No. 1142 dt. 18-6-1954. GO contains
revised rules /guidelines for assignment of Govt. lands inter alia provide that the land
allotted shall be to the extent of 5 ACRES of DRY LAND or 2.50 ACRES WET LAND and
that the land shall be brought UNDER CULTIVATION WITHIN A PERIOD OF 3 YEARS
and HERITABLE but is NOT ALIENABLE. And
It was also made clear that the land has to be assigned only to those Ex-servicemen who are
in CONTINUOUS POSSESSION subsequent possession subsequent to allotment/earmarking of the land in their favour by JCLCS. And
By subsequent clarification vide Memo dt. 7-6-1977 Govt. has also directed assignment of
land to LEGAL HEIRS of Ex-servicemen who are in continuous possession.
Tahasildar conducted enquiry and submitted proposal vide letter dt. 30-8-1982 to the effect
that 149 beneficiaries who are ORIGINAL MEMBERS and eligible are in PHYSICAL
possession of the land and that 42 Members were already issued D-Form PATTAS. And
Tahasildar also enclosed a list of eligible applicants as recommended by ZILLA SAINIK
BOARD , RR District.
MEANWHILE, thirty .. persons filed a WP No. 528 of 1980 praying this Court to direct
respondents 1 and 2 DC and Tahasildar to issue PATTAS to them as per the allotment of
JCLCS in 1966
Court dismissed WP on 28-1-1986 observing that possession of the petitioners therein
CANNOT BE ACCEPTED when they are not in possession in their own RIGHT in the

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land. Court also observed that question of assignment at the rate of 5 ACRES to each
member does not arise. However, Court gave liberty to respondents therein to distribute the
land to NON-POSSESSORS ALSO.
Aggrieved by the order of the learned Single Judge, WP No. 485 of 1986 was filed. A
Division Bench of this Court by order 23-6-1986 disposed of the Writ Appeal observing
that IF PERSONS ARE FORCED TO SURRENDER the land , they would be entitled to
make representation seeking COMPENSATION for the DEVELOPMENT OF THE LAND.
After disposal of the Writ Appeal by this Court, some of the persons claiming to be in
POSSESSION as Ex-servicemen filed representations before the Tahasildar (now MRO).
In the meanwhile, the Govt. resumed the entire land from the Society allotted MAJOR
CHUNK of land admeasuring 5020 ACRES to various organizations and Public Sector
Organizations. And
At that stage, from 1992 onwards till recently these writ petitions came to be filed. They
are divided into 3 categories :
1. JCLCS made allotments assigning an extent of 5-14 acres (in some cases MORE) and
invested huge amounts, raised commercial crops and in possession of the land. In this
case, Revenue Officials are OFTEN ATTEMPTING TO DISPOSSESS THE
PETITIONERS BY RESORTING TO COERCIVE METHODS.
2. Allege that they were granted PATTAS by JCLCS. But Govt. issued notice dt. 2-9-94
.. to show cause as to why the allotment should not be CANCELLED inter alia on
the ground that they are NOT JAWANSand Govt. filed Land Grabbing cases and the
Special Court AP Land Grabbing (Prohibition) Act, 1982 DISMISSED the LAND
GRABBING cases.
3. Allegedly JCLCS allotted land, are in possession, and were constrained to approach
Court as there was an alleged attempt by the MRI to DISPOSSESS them FORCIBLY.
This group falls slightly different case of persons who are NOT EX-SERVICEMEN.
They claim that JCLCS allotted land as per the Govt orders in GO Ms No.17 dt 5-1-76
and the letter of District Collector dt. 10-12-1979, are in possession, raised Mango
gardens etc. Pattas not issued. Instead trying TRYING TO FORCIBLY ECIVT THEM.
They also allege that in some cases acting on the request made by them, MRO prepared
pattas but not released to them. Therefore seek a MANDAMUS directing Revenue
officials to release pattas in respect of the lands which are allegedly in their possession.
In all the WPs, Govt has filed counter affidavits sworn by MRO, Shamirpet Mandal. The
allegations that petitioners are Ex-servicemen, that they are allottees of land by JCLCS, that
they are in mpossession, and they are eligible Ex-servicemen ARE ALL DENIED. It is
further stated that after resuming the land, the Govt. allotted land to Central Reserve Police
Force, Rapid Action Force, Army Medical and Dental College, AP State Electricity Board,
Hyderabad Urban Development Authority, Municipalities for dumping garbage yard, House
sites to FREEDOM FIGHTERS for establishment of schools etc. Insofar as the allotment of
lands to GENUINE & ELIGIBLE Ex-servicemen is concerned , the MRO states as under:
It is further submitted that the then Tahsildar, Medchal, issued a paper notification in
EENADU on 27-2-1983 and SIASAT dt. 25-2-1983 bringing to the notice of all the
concerned stating that enquiry is being conducted into the original allottees of the society
and consequently individual pattas would be issued. IT IS SUBMITTED that, after
conducting a detailed enquiry by the then Tahasildar, he has finalized and prepared the final
list of the member who are eligible for individual pattas numbering 102 Ex-servicemen, 40
persons have already taken pattas and 62 pattas were prepared and the beneficiaries have
not taken the pattas. While verifying the then Tahasildar has also directed the alleged
beneficiaries to produce their discharged certificates from the Armed Forces
CONSEQUENT UPON THE REDUCTION OF STRENGTH AND THE DETAILS OF
THEIR PARTICIPATION IN WORLD WAR-II.
High Court Order is as follows : :

1. Wherever the Ex-serviceman has actually in possession of the land and has brought the
land under cultivation within a period of 3 years from the date of allotment from
JCLCS, the Mandal Revenue Officer shall consider the case and regularize the
possession by issuing D-form Patta in favour of Ex-serviceman OR HIS LEGAL HEIR
wherever necessary.