Relevant stamp duty paid for information required under RTI Act 2005.

Mr.K.Rosaiah,                                                         Dated 4th Nov 2009,

Hon’ble Chief Minister, Government of AP,                         Hyderabad,

“C” Block, AP Secretariat,

Hyderabad.

Respected Chief Minister garu,

1. Sub: Revenue worth of approximately Rs. 60 crores locked up in and around 75 acres of government lands due to delay in sending demand notes to 875 plot owners (2033 families) under GO Ms. No 166.
2. Sub: Request for calling the detailed report from Collector, RR Dist, Joint Collector (1) RR dist, RDO, Chevella Division, RR Dist, DRO RR dist, and MRO. Malkajgiri Mandal. RR Dist on following issues and request to arrange a joint meeting of the revenue officials at CMO office to clear the file, pending from last 10 months due to undue delay in regularization of 875 plots  under G.O. Ms No 166, in respect of Survey Nos. 373, 375, 376, 378, 379, 381 and 386 situated at Kanajiguda village, Malkajgiri Mandal, Alwal Municipality, R.R. District. AP.
3. Ref: Our petitions to CM on these issues dated 2nd Feb 2009 and 26th March 2009, 24th Aug 2009.
4. CMO Ackn No. 1970/CMP/2009 date 6th Feb. 2009, CMO letter No 3812/CMP/2009 dated 25th Aug 2009 and also Revenue Dept  memo no 9095/ASN.V(1) /2009  dated 25th Feb 2009 and 40025/Asn.V(1)/2009 dated 22nd Sept 2009.

1. Who are we? Our introduction:

I, Mr.S.Chandrasekhar s/o V.Sankaran, Resident of Flat No 201, Concrete Rhythm Apartments,  Plot No 31, Road No 2, Prashanthinagar, UPPAL, Hyderabad-500039., AP, India. Petitioner to you, Member, Green Fields Plots Owners Association and Coordinator, Joint Action Committee for Green Fields Area Plot Owners, ( a body jointly represented by the members of the 3 associations namely GREEN FIELD PLOT OWNERS ASSOCIATION( Regd No :  4048/92) SRI SAI RESIDENTS WELFARE ASSOCIATION, (Regd No: 3581/2000) SRI AMRUTHA VANI  RESIDENTS WELFARE ASSOCIATION,)  do hereby solemnly affirm and state on oath, that the members of our association are the bonafide purchasers of the residential Plots  of land forming part of survey nos.373, 375, 376,378, 379 & 386 situated at Kanajiguda, Malkajgiri (M) Alwal Municipality, R.R.District,  having purchased the same under registered sale deeds and formed ourselves into a society under the name “  Green Fields Plot Owners Association” and also on other 2 respective association names. We have submitted applications to the Joint Collector RR dist and Tahsildhar of Malkajgiri Mandal with a request to regularize the plots under our occupation since the year 1989 in and accordance of terms of G.O.Ms.No166 dt.16-2-2008.

2. Why this petition to CM again?

We wish to draw your kind attention on our petition to late Chief Minister Dr.Y.S.Rajasekhara Reddy garu on the 2nd March 2009, 26th Feb 2009 and also 24th Aug 2009 to regularize our plots under GO Ms. No 166 and also for undue delay by Collector RR Dist. But the delay was due to controversial Dr.P.Shankar Rao, present sitting MLA from Secunderabad cantonment, on his attempt to grab these lands in respect of Survey Nos. 373, 375, 376, 378, 379, and 386 situated at Kanajiguda village, Malkajgiri Mandal, Alwal Municipality, R.R.District, AP with misleading the government with false information saying that he has won the case on these lands and these lands are not government lands.  It is pertinent that the controversial MLA, Dr.P.Shankar Rao creating confusion in the minds of officials with his own Intrapitations/ views  on few judgments’ of AP High Court and trying to intimidate them with dire consequences if they proceed further with regularization of these 75 acres lands.  He has gone on record with his letter to government dated 10th June 2009, which is with government and no action has been taken till today.

What are the government linking records for our earlier letters to CM?  

On your office letter CMO Ackn No. 1970/CMP/2009 date 6th Feb. 2009, CMO letter No 3812/CMP/2009 dated 25th Aug 2009 addressed to Revenue Dept, on your advice, we have a confirmation letter also from Principle Secretary (Revenue) vide Memo No 9095/ASSN.V(1) /2009  dated 25th Feb 2009 and 40025/Asn.V(1)/2009 dated 22nd Sept 2009 to contact the Collector RR Dist on above matter and same was submitted to them on the 26th Feb 2009 and 5th Oct 2009. As of now, the issue stands there with no action taken at RR Dist Collector.

Our meetings with CM garu on the 2nd Feb 09 and 26th March 09 at CM Camp office.

Have we corresponded with government with any or all the departments?

Yes, we have written letters has per the table given below to you with details of department.

This effectively means that we have not received any concrete reply or any tangible benefits out of our communications with government deartments.

Whom we all met in this connection? And how many times?

Even after more than 10 months, even after 242 visits to various government offices and several representations as per the table given below no solution has been found.

These all visits are even after we have complied  with all the requirements of the RR Dist Collectorate, the file is yet to be cleared by them due to some bureaucratic hurdles and communication gaps between the inter departments of the collectorate. We will be thankful to you if you can direct RR Dist Collector through your CMO to arrange a joint meeting of Collector, Joint Collector (One) of RR dist, , DRO-RR Dist, RDO, Chevella-RR dist and MRO, Malkajgiri Mandal, RR Dist along with us in your CMO office to sort out the matters if any.

Why this delay and problems at all in the first place?

We also wanted bring to your kind attention that the delay was due to misleading and wrong information given by an MLA and you must  take action against the erstwhile MRO of Malkajgiri Mr.D.Krishna and also on Dr.P.Shankar Rao, present sitting MLA of Secunderabad Cantonment, both of whom have committed many frauds in this matter and scuttle the processes of the smooth release of our application to you for release of demand notes with a largely with malafide  intentions. We have full records to back our claims and we can produce the same which has been obtained under RTI  act application the entire documents.

What documents were provided earlier to government?

We have already provided all these following letters/documents to prove our claim in our earlier letter.  The detailed reasons for attaching these documents are briefed below.

1. MRO letter No LR.NO.B/2150/2008 dated 7th Feb 2009 addressed to Collector RR dist. saying that one case filed in Apex Court by Dr.P.Shankar Rao is pending, which is not correct.
2. The copies of the representations received by MRO office from Dr.P.Shankar Rao, MLA, Shaadnagar,  falsely representing related pending cases in Supreme Court of India without case numbers and other details,
3. MRO notice copies to Dr.Shakar Rao, requesting him to submit the details of the case pending against government of AP in Supreme Court of India.
4. The plaintiff copies in the name Mr.P.Dayanand submitted by Dr.Shankar Rao, without any case numbers and signatures and that too not his name and in a benami name.
5. MRO letter to us confirming no reply received from Dr.Shankar Rao on his letter to provide status of the case in SCI.
6. The judgment copy of the so called pending case in Apex Court received by us against Mr.P.Dayanand, brother of Dr.P.Shankar Rao, which say he lost the case.
7. RDO order no case No. L/ 4446/2008 dated 21st Aug 2009, REFUSED THE CLAIM OF ORC AND CONFIRMED AS GOVERNMENT LAND.
8. CMO letter 3812/CMP/2009 DATED 25TH AUG 2009, ASKING THE COLLECTOR TO SUBMITT REPORT THRO CCLA IMMEDIATELY. WITH NO RESPONSE FROM COLLECTOR OF RR DIST TILL DATE.
9. Revenue Department Memo No. 40025.Asn.V.(1)/2009 dated 22nd Sept 2009  sent to Collector RR dist for immediate action thro CCLA, WITH NO RESPONSE FROM COLLECTOR RR DIST.

What are the misleading letters given by the MLA?

Yes, Dr.P.Shankar Rao letter dated 29th Nov 2008 and 10th June 2009 are misleading and not correct. With both their ( MRO Mr.Kirshna and Dr.P.Shankar Rao ) omission and commission, they have breached the established norm of principle of natural justice and committed criminal breach of trust by misleading your office, the government, public, press  and the AP high court and Supreme Court of India saying that a Special Leave Petition (SLP ) is pending in Supreme Court of India and the letter given by Dr.Shankar Rao to MRO states the same. But the fact is that the SLP was never even accepted by SCI and dismissed on the very same day, i.e. 17th April 2006.  The proof of the same is already submitted to collector office. In his 2nd letter, Dr.P.Shankar Rao mentioned a new SLP Number (C ) No 24897 of 2005. But no such SLP listed in Apex Court site at all. We requested government to produce the copy of the SLP mentioned by him, with response till now.

How Mr.D.Krishna ( MRO) is involved in this matter?

On the part of Mr.Krishna ( erstwhile MRO, MALKAJGIRI Mandal, ) he has falsified in High Court of AP by favoring Dr.Rao by submitting to the Honble AP High Court that a case is pending in Apex Court without proper verification and that too without any Documentary Proofs to the court. This is very clear violation of government rules laid down in such cases.  A departmental action much be initiated to find out the truth and you must order a full scale probe by CB CID on his role in helping Dr.Rao to scuttle the smooth processes of the matter.

What are the documents provided by Dr.P,Shankar Rao to mislead the government?

Even Dr.Shankar Rao has submitted a letter the erstwhile MRO Malkajgiri Mandal with an old plaintiff copies, submitted to Supreme Court of India in the year 2006 and not even with case numbers and or with judgment copies of the same and that too without any attestation on these copies. The case referred by Dr.Rao has been decided 30 months ago. That is, his letter to MRO is dated 29th Nov 2008; where by the judgment of the case referred by Dr.Rao is pronounced on the 17th April 2006. This is nothing but contempt of Apex Court. Why government is silent even after bring to their notice these laspeses?

What is the nature of this land?

As per the orders of Joint Collector court of RR dist dated 29-4-2002 passed in File No.F1/4578/98 , these lands are government lands and Hon’ble AP High Court final judgment order of  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 , Hon’ble Apex Court gave the verdict in the favor of the government lands based on the survey numbers and not based on the family or any persons also in Apex Court too vide order numbers of the SLP  judgment No CC 2963/2006 dated 17th April 2006, CURATIVE PETITION ( C) NO.103 OF 2007 IN REVIEW PETITION ( C ) NO 972 OF 2006 IN SPECIAL LEAVE PETITION ( C ) NO 2963 OF 2006, SLP (Civil) 24987/2005 has been dismissed on the 7th April 2006, SLP (Civil) No. 8754/2006 dated 3rd July 2006, HON’BLE AP HIGH COURT VIDE HIS PETITION NO REV.WPMP. NO 6654/2007 IN WP NO 11777/2002 also did not allow opening this case.

What is the status of these lands now?

Presently, these are government lands and as per the Sub-Registrar, Vallabahnagar records, we are in procession of these lands from past 22 years with proper registration fee paid and with no eviction order from government and is ready for regularization under GO 166. This confirmed by MRO report to JC very recently.

Any cases pending before release of GO.Ms.No 166 is released between us and government?

To best of our knowledge, there are no cases pending in any court neither before the GO.Ms.No 166 is released nor after we have submitted to application. At the same time, we have conceded that these lands are government lands and we have submitted the application under GO 166 after due confirmation from Collectorate. Also we have submitted the application much before the deadline and this was confirmed by the GP in AP High Court in order for our WP/1178/2009. THERE IS NO DISPUTE BETWEEN THE PRESENT OCCUPANTS, (THAT IS WE 3 ASSOCIATIONS ) AND THE GOVERNMENT ON THE TITLE.

What is Dr.P.Shankar Rao role?

No where in officials records, Dr.P.Shankar Rao names are there. No where in any courts, he is a plaint. But, Dr.P.Shankar Rao letters GIVEN TO GOVERNMENT is not only misleading but also misusing his position as MLA, which attracts contempt of court. This also amounts to misuse of Dr.Rao power as MLA and which attracts punishment as per the rules of the government.  

What government must do?

Under APRTI Act 2005,

1. You must order CBI/ Judicial Inquiry by a sitting judge /CB-CID inquiry on this matter to dig the truth,
2. Punish the MLA by the privilege committee of assembly,
3. Book criminal case against both of them and take appropriate action against them for their omission and commission as per the law.

What are the contradictions of Dr.Shankar Rao statements?

Interestingly, Dr.Shankar Rao, in a press conference after filing his nomination said that these lands were bought by him 15 years ago, and questioned that can the government prove that these are government lands ??  and Dr.Rao has Supreme Court of India orders in his favor with effect to that. When MRO asked produce the copies, no such judgments were produced by Dr. Rao till now. But at the same time, he has not shown these lands as his in his nomination papers filed during last 3 elections in affidavits to be filed along with nominations. This is nothing but the misrepresentation of the facts under Representation of People Act. This attracts disqualification of his membership as MLA. By taking these statement suo motu, this is very clear case of fraud on his part of Dr.Rao. It appears that he has bought many such lands by fraudently in benami names and the same must also be probed thoroughly by you government. Please refer to the FIR No 371/2009 dated 10th Aug 2009 filed in Shadnagar PS of Mahabubnagar Dist.  The credence of using his family members name to acquire these lands is proved with this case. Even in the present case of his brother Mr.P.Dayanand must be probed with help of Dr.P.Shankar Rao playing active role acquire these 75 acres land by hook or crook.

Have we approached AP High on this matter before for the delay?

It is also pertinent and important to bring it to your notice that when the Tahsildar was withholding our applications without forwarding it to the Joint Collector, our association filed a writ petition bearing W.P.No.1178 of 2009 in Hon’ble High Court of A.P questioning the reasons for the delay. The Hon’ble High Court vide its order dated 29-1-2009 disposed of the writ petition directing that these applications for regularization shall be treated as having been validly submitted under the G.O, but consideration thereof shall be undertaken only when the so called dispute pending in Supreme Court of India in relation to the land is finally resolved. Now to be best of our knowledge, there is no cases are pending with any court before the GO Ms No 166 nor after we have submitted the application and all the copies of the Apex Court judgments are submitted by us to you, but the application are yet to be cleared, for some inexplicable reasons. 

Has government taken any action on those people who sold these hug government lands?

Moreover, We wish to submit that these above said persons have sold the government lands with GPA and also with a specific agreement as out of court settlement to all our 3 associations (their agreement dated on 30th April 1995 and 29th Feb 1996) and these agreements are also submitted to Joint Collector ( 1 )  Court , RR Dist and the contents were recorded in their judgment No F/4578/98 DATED 29TH APRIL 2002 in page numbers 4, 18 and 28. Also note order no: B3/675/95 dated 24th Dec 1996. It clearly states that all these so called alleged protected tenants have comprised out of court and the case stands withdrawn. But government has not booked any cases till now even after declaring these lands as government lands. Why?

What did RDO, Chevella stand on this issue?

Again concealing all these the facts, these so called alleged protected tenants after having lost all the cases right up Apex Courts, they have resorted to making fresh claims for ORC with RDO, Chevella, 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. Presently, the JC(1) RR Dist is hearing their appeal on the above said orders.

What are the other cases lost by Dr.P.Shankar Rao in Apex Court.

All these SLP were dismissed by the Honble Supreme Court of India on the very same day I.E. 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 these original judgments copies with Tasildhar/MRO Malkajgiri Mandal with a copy to Joint Collector. Thoese copies have been submitted to government by us, though we are not parties.

Not satisfied with these orders of Apex Court, IN CASE OF P.DAYANAND ( Dr.P.Shankar Rao’s brother)  AND OTHERS, AFTER THEY LOST THEIR SLP CC 2963/2006 IN APEX COURT, they filed a REVIEW PETITION ( C ) NO 972 OF 2006 IN SPECIAL LEAVE PETITION ( C ) NO 2963 OF 2006 IN APEX COURT AGAIN and lost. Again, THEY HAS FILED AN CURATIVE PETITION ( C) NO.103 OF 2007 IN IT WAS CHAIRED BY THE FULL BENCE OF APEX COURT UNDER RESPECTED AND LEARNED CHIEF JUSTICE 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 FOLLOWS:

“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.”

Any others filed cases on this issue in Apex Court and lost?

Yes. In the meanwhile, we also found that one Mr. Yedla Ramesh (the person, who compromised with us and also has entered understanding with Dr.Shankar Rao) and others (the so called patta holders ) also filed an SLP in Apex Court on Dr.P.Shankar Rao’s instigation and the case no  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 no 2.

This apart, one Mr.H.Madhusudhan and others, (again the so called patta holders) with intention to grab these lands, filed yet another SLP on instigation of Dr.P.Shankar Rao 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 7 and dismissed with no cost.

Not satisfied with these order, 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 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”.

YOU MUST CONSIDER ALL THESE JUDGMENTS ARE AS LAND MARK AND VERY IMPORTANT SINCE IT WILL HAVE BEARING ON YOUR OPINION AND YOU MUST NOTE THAT THE PETITIONERS HAVE EVEN LOST THE REVIEW PETITIONS IN AP HIGH COURT AFTER THE APEX COURT SLP AT AP HIGH COURT ORDERS TOO BY ORDER DATED 12TH FEB 2008.

What GO 166 says?

Moreover, the very GO Ms. No 166 facilitates the government to not to entertain any cases and disputes on government lands and the very purpose is defeated if you go on to entertain by opening any more ORC Cases , after all these matters TO RES-JUDICATA & are adjudicated by the Apex Court. By doing so, your government actions may also attract the contempt of Apex Court and also Hon’ble High Court of A.P. 

Under APRTI Act 2005 what we are looking for from CM garu?

We have already filed several RTI’s, but we have not received any positive response from government. Please give us the certified copies of the action taken on these persons named by us in this letter and action taken on officials for their indifference in this sensitive issue.  As per the government records, all rights on these lands till date in the afore-said land vested with the Government as contemplated under the provisions of Inams Abolition Act. The Collector R.R.Dist.has taken over the possession of the said land.   It is therefore we requested that you use your authority and may kindly pass appropriate orders to regularize these plots under G.O.Ms.No.166. 

Any instruction from CM or CMO on this issue before?

Yes, 3 times letters has been sent to Collector RR dist. These are vide your office Memo/Letter CMO Ackn No. 1970/CMP/2009 date 6th Feb. 2009, CMO letter No 3812/CMP/2009 dated 25th Aug 2009 and also Revenue Dept Memo no 9095/ASN.V(1) /2009  dated 25th Feb 2009 and 40025/Asn.V(1)/2009 dated 22nd Sept 2009, the Collector RR Dist has not taken any action even after several months, despite clear instructions from CMO office on the ground that RR Dist Collector is not able to do justice due to interference of an MLA with false information to government.

Any help taken from MP ?

Yes, we have met our area MP, Mr.Servy Satyanarayana. We together met the RR Dist collector and asked him why the file is pending with Collectorate for this long. This was confirmed by Collector RR Dist in person to the MP and to the undersigned when we called on him a month ago that due to the MLA blocking with false information, he has not cleared the file. You can verify our claim with MP.

We are sure you will appreciate our sentiments and act accordingly, within the rules of the government and advice us accordingly to proceed further. Also advise us the action to be taken by Govt., on Dr.P.Shakar Rao and others officials for misleading you and your high office in this matter, which caused both of us lots of media attention.  

Sir, with your kind action, all these 875 plot owners, 2033 families, with population of 9478 people, we all will be indebted to you for this help. Please check these criminal activities of MLA and their family members and PLEASE DO NOT GIVE HIM ANY IMPORTANCE TO AVOID ANY NEGATIVE PUBLICITY TO CONGRESS PARTY IN THE ensuing GHMC elections.

We have great trust in you, we have filed this RTI application and we hope you will rescue us from these kind of elements to help the 50% of poor SCs/ STs/BCs along with 25% Christians & Muslims  who are not able to build their dream houses due to Dr.Shankar Rao atrocities even just before their retiring age.

However, if you are help less in this matter, please communicate the same to us with in 3 days,  enable us to seek justice by knocking the doors of Honble High Court of AP and Apex Court.

Thanking you,

With kind regards,

Yours sincerely,

For Joint Action Committee, 

S.Chandrasekhar,                          

Coordinator.