Ettaiah v. The District Collector, Hyderabad District, Nampally, Hyderabad & Anr.

The petitioner is a resident of Ibrahimbagh Village, Golconda Mandal, Hyderabad. It is his case that he has been in occupation of Government land admeasuring Acs.2.50 cents in Survey No.178 at Ibrahimbagh Village, Golconda Mandal, Hyderabad, where he has been raising agricultural crops. In 1983, steps were initiated under the Andhra Pradesh Land Encroachment Act, 1905, for eviction of the petitioner on the ground that the occupation of the land is objectionable. The petitioner approached the respondents requesting assignment of the land. He was allegedly informed that if the revenue records show his name as occupant of the land in Survey No.178, his case will be considered for assignment of land, if there is no prohibition for such assignment. Therefore, the petitioner approached the second respondent seeking certified copies of Pahanies from 1954 onwards. By memo, dated 21.02.2005, he was informed that Pahanies cannot be supplied to him as his name is not found in Column Nos.11 and 16 of the Pahanies. Aggrieved by the same, the petitioner filed the present writ petition seeking a direction to the second respondent to furnish certified copies of Pahanies from 1954. At the stage of admission itself, the learned Assistant Government Pleader for Revenue obtained instructions and submits that in old Pahanies up to 1982, the petitioner’s name is shown as occupant in respect of Ac.0.20 guntas of land in Column No.35 in Survey No.178, which is shown to be Government Poramboke land. In view of the same, this Writ Petition is disposed of directing the second respondent to reconsider the request of the petitioner to furnish all the copies of the Pahanies wherever the petitioner’s name is shown as occupant/encroacher, on payment of usual charges. No costs. ____________

(V.V.S.RAO, J)

24.11.2005