Challuri Rajaiah and Others vs Revenue Divisional Officer/Land Acquisition Officer and Others

G. Bikshapathy, J.—The Writ Petition is filed seeking a direction to the 2nd respondent to prepare and send the list of land oustees in accordance with G.O. Rt. No. 424 to the 3rd respondent-Singareni Colleries Company for taking further action as required in the said G.O.

It is the case of the petitioners that the land was acquired by the Government for purpose of Singareni Collieries and as per the Notification issued by the Government in G.O. Rt. No. 424, all the land oustees are entitled for appointment in the Singareni Colleries Company. Since no action is being taken, the present Writ Petition has been filed.

Now the learned Government Pleader submits that all the petitioners cannot be treated as land oustees by virtue of G.O. Ms. No. 310, dated 11-11-1991 and therefore their names were not forwarded to the Singareni Collieries Company for further action. The learned Counsel for the petitioners relied on a decision of a Division Bench reported in Singareni Colleries Co. Ltd. and Others Vs. Kunamalla Pochaiah and Others, . wherein it is stated that the date of issuance of Section 4(1) Notification is the criteria for application of subsequent G.O. Ms. No. 310, dated 11-11-1991 and those whose lands are acquired after the passing of the G.O. Ms. No. 310, their eligibility will be determined under that G.O. But those whose lands were acquired prior to the issuance of G.O. Ms. No. 310, their eligibility will have to be determined with reference to the orders issued in G.O. Rt. No. 424. In view of this judgment, the case of the petitioners have to be considered under G.O. Rt. No. 424 and not under later G.O. Ms. No. 310.

Under these circumstances, the Writ Petition is disposed with a direction that the 2nd respondent-District Collector, Adilabad, Adilabad District shall forward the names of the land oustees keeping in view the provisions of G.O. Rt. No. 424 to the 3rd respondent-Singareni Collieries Company for taking further action in accordance with the said G.O. This exercise shall be done within a period of six (6) weeks from the date of receipt of a copy of this order. No costs.

In view of the orders in the Writ Petition, no orders are necessary in the Contempt Case. Accordingly the Contempt Case is closed.