DETAILED HISTORY OF THE 30 YEARS SAGA







  
The plots were purchased in the year 1986 from Mr.N.R.Pandu ( GPA holder of Sayed Akbar Nizammuddin, who did not disclose that it is Inam land) and we are in procession as per government records. Now it is declared as government lands in the year 2005 by the AP High Court and we are eligible for regularization under GO 166.

The plot owners in the Green Fields have submitted the applications for regularization of plots under GO Ms No 166 and the same was pending with MRO, Malkajgiri Mandal RR Dist for some unknown reasons even till today even after complying all the requirements of the RR Dist Collector.

When we applied to JC (1) RR Dist to know what case is pending, the JC (1) gave us a letter to MRO Malkajgiri Mandal check with the status. The JC (1) RR Dist Letter No E-5/1400/2008 dated 17th Jan 2009.

When we contacted JC (1) RR Dist on 23rd Jan 2009, he said that the application are still pending with MRO as said above and the all clear report from him is till waited for processing.

When we asked the reasons, the MRO (Mr. Krishna) did not reply to our satisfaction. Hence the ( Green Field)  filed a petition in Hon’ble AP High Court vide the WP/1178/2009 and the same was heard and disposed by the court saying that the application are submitted validly but the pending dispute, if any or on one case in Apex Court due to the letter given by MRO, it is not processed till now. But no documentary evidence was provided to the court with effect to this.

When applied RTI for the details with JC  RR Dist letter to MRO, we are given copy of MRO Malkajgiri Mandal letter to Collector RR dist No B/2150/2008 dated 7th Feb 2009 stating Dr.P.Shankar Rao, former MLA from Shaadnagar ( Minister for Handloom and Textile and present MLA Secunderabad Cantonment ) has given a letter to MRO dated 29th Nov 2008 saying that there is case pending in supreme court ( without giving any details of the case numbers  or the case nature) and that is reason it is not regularized. But there is no case details in form of case number or nature of the case or the plaint copy or so. MRO did not also mention any other case details like RDO case or so in this letter.

By applying thro RTI, the pending case details were obtained vide the MRO letter No B/2150/2008 dated 3rd April 2009 and it was found that Minister/MLA Dr.P.Shankar Rao’s hand written letter on his official letter head of MLA Shaadnagar dated 29th Nov 2008 to MRO and it says that the regularization is not to be taken up due to the pending case in Apex Court. But the details of the case numbers or the other details have been not provided to MRO. He has just believed just based on the letter of the MLA and not done any inquiry to check as such the case is pending. With this, he also misleads the AP High Court in related to case No WP/1178/2009.

Even on our pressure, MRO was not able to provide the details of the case. When we pressed for more details, MRO provided a copy of the letter No B/2150/2008 dated 28th Jan 2009 written and sent to MLA Dr.P.Shankar Rao. But we found that MRO has not received any reply for the same from the MLA and he has not received any details of the case even till today i.e. 6th Dec 2010, even after over one year and 11 months.

When we obtained the details that what is the nature of the case from the Apex Court, it was found that one decided SLP in Apex Court No CC 2963/2006 as an appeal towards AP High Court judgments and orders No’s CRP 4830/2003, WP No 11777/2002 WP No 14715/2002, WP No 18107/2002 and WP No 23732/2003 of AP High Court dated 29th Dec 2005 was shown as pending, where by the SLP was actually dismissed on the 17th April 2006 itself, almost 30 months before his letter to MRO dated 29th Nov 2008. This means, that MRO and the MLA has misled the Hon’ble AP High Court on filed WP/1178/2009 saying that disposed case is pending. This is nothing but fraud on the part of MLA and MRO and it was done in collusion with MRO for mutual benefit of each others. It is a conspiracy hatched by minister to grab the government lands and also denying the legitimate rights of the plot owners to regularizations under GO 166.

To doubly sure, we applied for the copy of the judgment in Apex Court. And to our shock and surprise, we are proved right and there was no case was pending with Apex Court on these survey numbers. The details of the case were given below as per the dates it got disposed of in the Apex Court.

  1. Mr. Yedla Ramesh and others ( the so called patta holders, whose forefathers surrendered the these lands in 1955 to government ) filed an Special Leave Petition (SLP) in Apex Court on Dr.P.Shankar Rao’s instigation challenging the AP High Court Order No 1113/1998 and the case number  SLP( Civil) 24987/2005 has been dismissed on the 7th April 2006 was chaired by Hon”ble Justice Mrs. P.S.RUMA PAL AND Hon”ble Justice Mr. DALVEER BHANDARI in Court Co 2.
  2. One SLP filed by Mr.P.Dayanand ( brother of Dr.P.Shankar Rao, on whose name the minister acquired these names in benami names ) against the final judgment order of AP High Court WP/11777, 18107, 14715 of 2002 and WP 23732 of 2003 and CRP 4830 of 2003 with judicature at AP, Hyderabad dated 29th Dec 2005. All these SLP were dismissed by the Hon'ble Supreme Court of India on the very same day i.e. on 17/04/2006.  The judgment No CC 2963/2006 dated 17th April 2006 was pronounced by Hon’ble Justice Mr. H.K.SEMA AND Hon'ble Mr. justice DALVEER BHANDARI IN COURT No 8. We have the filed all these original judgments copies with Tasildhar/MRO Malkajgiri Mandal with a copy to Joint Collector on the 9th March 2009 and a reminder also on the 23rd March 2009 to clear our file. The copy of the letter attached. The same again submitted to them on 25th April 2009 as reminder to clear our pending applications to regularise.
  3. This apart, one Mr.H.Madhusudhan and others, (again the so called patta holders, whose forefathers surrendered the these lands in 1955 to government)  filed yet another SLP in the Apex Court vide SLP (Civil) No. 8754/2006 dated 3rd July 2006.  the same was chaired by Hon”ble Justice Mr. H.K.Sema and Hon”ble Justice Mr. A.K.Mathur in court number 7 and dismissed with no cost on the 3rd July 2006 since they did not find any ground.
  4. Not satisfied with these above orders of Apex Court, IN CASE OF P.DAYANAND AND OTHERS, AFTER THEY LOST ALL THEIR SLP’s CC 2963/2006 IN APEX COURT, THEY HAS FILED AN CURATIVE PETITION ( C) NO.103 OF 2007 IN REVIEW PETITION ( C ) NO 972 OF 2006 IN SPECIAL LEAVE PETITION ( C ) NO 2963 OF 2006 IN APEX COURT AGAIN. IT WAS CHAIRED BY THE FULL BENCE OF APEX COURT UNDER RESPECTED AND LEARNED CHIEF JUSTICE Dr.K.G.BALAKRISHNAN, JUSTICE B.N.AGARWAL, JUSTICE ASHOK BHAN, JUSTICE H.K.SEMA AND ALSO BY JUSTICE DALVEER BHANDARI ON THE 27TH SEPT 2007 AND PASSED THE JUDGEMENT AS “WE HAVE PERUSED THE PETITION AND THE CONNECTED PAPERS. IN OUR VIEW, NO CASE IS MADE OUT WITHIN THE PARAMETERS INDICATED IN THE DECESION OF THIS COURT IN RUPA ASHOK HURRA vs ASHOK HURRA AND OTHERS, 2002(4)SCC 388. HENCE THE CURATIV PETITION IS DISMISSED.”
  5. Not satisfied with these Apex Court order No 8754/2006, MR.MADHUSUDHAN HAS ALSO FILED  A REVIEW PETITION IN HON’BLE AP HIGH COURT VIDE HIS PETITION NO REV.WPMP. NO 6654/2007 IN WP NO 11777/2002 dated 12th Feb 2008 AND THE SAME WAS CHAIRED BY THE RESPECTED AND LEARNED JUSTICE B.PRAKASH RAO AND DR.JUSTICE .Dr.G.YETHIRAJULU AND PASSED ORDER STATING THAT “SINCE IT IS REPRESENTED THAT THE PETITIONER HAS ALREADY APPROACHED THE HON’BLE SUPREME COURT VIDE SLP NO ( CIVIL) 8754 OF 2006, AND THE PETITION AVILED REGULAR REMEDY, THE WPMP IS NOT MAINTAINABLE. ACCORDINGLY, THE WPMP IS DISMISSED”.
  6. When regularization was not done, even after submitting the application as per the GO Ms.No 166 dated 16th Feb 2008, the Green Fields approached the Hon’ble AP High Court vide WP No 1178/2009 and got an order on 29th Jan 2009 saying that these must be regularized as soon as any pending cases are disposed of by any court. Govt also agreed that these applications have been submitted validly and ready for regularization.
  7. Even after submitting all the court orders to the government, after the WP/1178/2009 orders also, the Collector RR dist did not regularization till now. But we have filed an Contempt of court petition No CC/698/2010 and the MRO gave false affidavit saying that they survey is already done and the regularization is under way.  It is clearly documented in the court order dated 18th Aug 2010.

After submission of all these documents to MRO and JC (1) of RR dist, we requested to take action on both MLA and MRO with several letters and also requested the RR Dist collector to processes these applications pending under GO 166. Collector also wrote a letter to MRO to submit his proposal vide Collector letter No E5/1400/2008 dated 20th May 2009 and again on the 6th Dec 2010 to submit his proposal for regularization to MRO.

MRO also wrote a letter to Collector vide his letter No B/2150/2008 dated 6th June 2009 that there no case pending on these survey numbers and requested collector to give directions to proceed further. In this letter also, MRO did not mention any case is pending with RDO court, Chevella, RR Dist.

But there was no communication from collector for several months. But on the 6th July 2009 ( one month after we received a letter from MRO that there is no case pending in any court), Collector wrote a letter to us vide his letter No E5/1400/2008 dated 6th July 2009 stating that an Inam case is pending before RDO, Chevella ( who is Inam Tribunal) respect to these lands. The letter referred to us the letter No of the RDO as L/4446/2008. When all the cases, right up to Apex Court are cleared and even AP High Court did not allowed reopening the case in one of review petition, how can a quasi judicial authority like RDO can open a case? Does this not attract the contempt of Apex Court and AP High Court? Moreover, there letters dated 7th Feb 2009 and 6th June 2009 do not mention of this case pending. This is yet again nothing but misleading the AP High Court in WP/1178/2009 dated 29th Jan 2009, in which is not mentioned.

However, we have filed an objection petition with RDO/ Inam tribunal to not open this case and it was contested as Petitioner in Person (PIP) by Mr.Chandrasekhar and the RDO, on hearing our  objection petition, the case was dismissed on the ground that all these facts, these so called alleged protected tenants after having lost all the cases right up Apex Courts, they have resorted to making fresh false claims for ORC on many flimsy grounds who is the Appellate Authority for the Inams Tribunal. He has rejected their claims for an ORC Vide order No L/4446/08 dated 21st Aug 2009 even after we have filed our Objection Petition. The PTs did not even file succession certificates under section 32 to prove their bona fides and the RDO did not object for some strange reasons while filing this case with the petitioners.

Again these so called protected tenants went and filed an appeals with JC (1) RR dist vide appeal No’s F1/4092, F1/4094, F1/4095/2009. The JC(1) RR Dist also for some strange reasons, admitted their petition without rejecting the petition summarily and heard their appeal on the above said orders and on our filing the objection petitions by us ( S.Chandrasekhar, Yogesh Gir and Mr.AV.Swamy, our free advocate) as PIP and after all the counters and written arguments ( no written arguments were submitted by EX EC of the GFPOA for some strange reasons) , JC (1) RR Dist has dismissed their appeal on the ground they have no locus standee vide his order No F1/4092/2009 dated 5th Dec 2009.

In the meanwhile, we have also filed a WP in AP High Court WP No 23803 dated 5th Nov 2009 to stop hearing the appeal No’s F1/4092, F1/4094, F1/4095/2009 of the so called protected tenets with JC (1)  RR dist and is still pending. But by the time hearing took place, the judgments of the JC court of RR Dist came in our favor vide his order No F1/4092/2009 dated 5th Dec 2009.  This is clear case of contempt case on RDO and JC for taking up these case even after it is resi-judicated by Apex Court and AP High Court. Moreover MRO in collusion with Dr.Shankar Rao, MLA has misled the government and courts on these issues by saying that the cases are pending in Apex Court ( without giving any case details and the nature of the case) , which also attracts contempt of court and others section like fraud, forgery, fabricating the documents, misleading of the judiciary, cheating the court and misleading the government.

After knowing all these cases are settled, by misleading the both judiciary and the officials,  Dr.P.Shankar Rao resorted to again making a false claim with yet another letter saying that a new case number SLP/24897/2005 in Apex Court vide his letter No 10th July 2009 is in his favor. After searching, no such case was pending with Apex Court and these issues were brought to the notice of the government with several letter. RR Dist Collectorate also accepted that there no such case is in their view and they do not have any such judgments with their letters to us. The same was also informed to the Advocate General vide RR Dist Collector letter No E5/1400/2008 dated 29th April 2010.

RR Dist Collector wrote also Advocate General for seeking his opinion vide his letter No E-5/1400/2008 dated 28th Aug 2009 and there no reply from him till 13th Aug 2010. The AG was reminded again on this issue vide Collector letter No E-5/1400/2008 DATED 24 Feb 2010. The RR Dist Collector also sent yet again their detailed reminder cum reply to AG again on the 29th April 2010 vide letter No E-5/1400/2008.  No reply is sent to the collector by the AG as of Aug 2010. We have met the Advocate General on the 10th Aug 2010 at 4.15 pm at his chambers. Now, since a favorable opinion is sent after a delay of 11 months on the 13th Aug 2010 vide his letter No 78 dated 15th July 2010 and Opinion No 3/2010 dated 13th Aug 2010 sent to the collector only on the 13th Aug 2010. .

RR Dist Collector also sent his report to Principle Secretary (Revenue) vide his letter No E-5/1400/2008 dated 24th Nov 2009 saying that the applications are pending only due to the pending opinion of Advocate General of AP, (since it is now cleared by the AG). And it clearly states that these plots are in government lands. This effectively means, no cases are pending on these lands as falsified by the Minister/MLA, Dr.P.Shankar Rao.

We can provide all these clinching evidences to nail the false claims of Minister Dr.P.Shankar Rao, who is nothing to do with the case and misusing his political power as Minister/MLA of the ruling party and threatening us with dire consequences with physical intimidation and harm also by defamation and also threatens to book cases under AP SC/ST atrocity acts and so on.

We have also given police complaint to DGP, AP, Commission of Police RR dist on his threats. The same was investigated by DCP, Alwal range and found to be correct and he filed his report vide his report No XXX/G1/HDCP-A/CYB/09 DATED 13TH APRIL 2009.

The collector also re-advised the MRO Malkajgiri Mandal vide his Direction Order No E-5/1400/2008 dated 6th Dec 2010 to submit the proposal under GO Ms No 16 immediately. The same was delivered to him and it was suppose to be taken up immediately by the MRO for both houses and plots.

But the MRO is not taking any interest due to the political pressure. MRO ( Mr.Mukunda Reddy) is saying that they will do only the survey and verification of the sale deed as per the GO 166 guidelines of the houses and will not do the open plots ( though the collector order does not say that only houses must be done) since he might have been under pressure from the minister Dr.P.Shankar Rao to leave the open plots to grab at a later date.

Now it is shocking that he file a show cause notice before admission No WP/3000/2011 on the 11th Feb 2011 in AP High Court and took an ex party interim stay to stop the regularization till his petition is heard and that too without proper truth and correct details.

Our plea to government:

  1. Take action on MRO Mr.Krishna who mislead the court of pending a case without factually not there and also on the GP who also gave false affidavit to the AP High Court and also take action on Dr.Shankar Rao Minister/MLA for misleading the government with a letter saying that a case is pending, which already decided 30 months ago from the date of his letter and also giving a new false case numberWP/24897/2006 which does not exist in Apex Court site at all.
  2. Punish the RDO, Chevella for reopening Occupancy Rights Certificate (ORC) case, when he not supposes to do so since the Supreme Court has already seized of the matter, hence the lower can not open the case. If it is opened, it amounts to contempt of Supreme Court. .
  3. We request the government to take Advocate General opinion as final and to be taken as valid and process our applications.
  4. Take action on Collector ( RR Dist) and Joint Collector ( One) RR Dist for reopening the case, and not adhering to AP High Court order WP/1178/2009 to regularization under GO 166 if no cases are pending and the contempt case order CC/698/2010 filed by us and order is in our favor dated 18th Aug 2010.
  5. Direct Collector RR dist to regularize our applications under GO Ms. 166 as per his letter dated 9th March 2010 and also his new direction order No E5/1400/2008 dated 6th Dec 2010  and also as per the court directive WP/1178/2009 dated 29th Jan 2009 by AP High Court and also as per our contempt petition CC/698/2010 judgments dated 18th Aug 2010, which Collector must be directed as per the AP High Court order No WP/1178/2009.
  6. On the 20th Nov 2010, the goons of the Minister Dr.P.Shankar Rao stopped the survey work with false information of pending case in the Supreme Court. The MRO have not filed any criminal complaints/case against the incident due to the fear or favor of Minister/MLA. Now the Collector ( and may be through Court)  must provide security from Minister/MLA goons to all the plot owners by opening a police out post soon at Green Fields and compensate the cost for harassing the law abiding citizens and vacate the stay from the court and complete the regularization processes with a fixed date and agenda and deliver the justice.


What drastic action/measures must be our plan?

  1. Must move very fast to vacate the stay and
  2. Must go to Supreme Court/Apex Court to get final orders to fix these guys. Details can be worked out and be kept confidential.
  3. File a appeal with CM to solve this issue or give/get us permission to commit a mass suicide from AP High Court,
  4. File a appeal with Governor to solve this issue or give/get us permission to commit a mass suicide,
  5. File a petition with Chief Justice of AP High Court to solve this issue or give/get us permission to commit a mass suicide from the court,
  6. Media help must be taken to expose these frauds,

Our Appeal to members/plot owners.

Now our Appeal to all inactive members/plot owners ( and also to few overconfident house/resident owners of Green Fields who think that the resident/house owners are safe even if we do not support to this cause as assured and publicized by the EX EC members of the illegal association, which is a myth)  to come out openly and support by giving their  email IDs/ cell numbers and also the physical / personal presence in short notice when ever required for organizing the dharnas/rasta rokos and submit the petitions to these said officials. Or else, your very high value asset worth of close to Rs.35 to 50 laksh plots up for grab by these anti social elements with support of few politicians with a tacit understanding of our own so called well-wishers from the EX EC of the illegal association.

It is now or never.



Subscribe to: Posts (Atom)