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2003 Supreme(AP) 201

Andhra Pradesh High Court
Judges : R.M.BAPAT
V.Santha Kumari - Appellant
Versus
DISTRICT REVENUE OFFICER - Respondent
W.P.No.4874/97
Decided On : 02-06-03
Advocates Appeared :
Mr.M.V.S. Suresh Kumar

Headnote:AP (TELANGANA AREA) TENANCY AND AGRICULTURAL LANDS ACT, Secs47,48, 48-A - AP LAND RECOVERY ACT, 1317 Fasli, Sec166-B - Power of Government to resume assigned land - Stated - Petitioners purchasing land from assignee under registered sale deed with prior permission of Tahsildar and constructing buildings - Collector passing order after lapse of 33 years resuming assigned land - Contention that Tahsildar not a competent authority to grant permission and that entire transaction is illegal and violative of terms and conditions of assignment order - In the present case interest of many parties are involved and they must have purchased land by paying huge amounts and if Government resumes entire land, petitioners and others will be thrown on streets and there will be put to heavy financial losses - Government can exercise power to resume land within reasonable time which should not exceed more than one year - Impugned order of resumption passed by Government, set aside

R. M. BAPAT, J.

( 1 ) THIS writ petition is filed by onev. Shantha Kumari and 9 others. The writ affidavit was sworn in by one Ch. Muralikrishna, s/o late ch. Ramanadham. In this writ petition the proceedings of the first respondent in no. D5/3467/72 dt. 17-8-1996 is assailed on the ground of illegality, arbitrary and without jurisdiction.

( 2 ) THE averments made in the writ affidavit are briefly narrated as follows: It is stated by the petitioners that they are the owners of plot Nos. 1, 3, 5, 8, 17, 18, 27, 29, 30, 53 and 54 situated at part of survey number 49/7 Gajularamaram village, Qutubullapur mandal, Ranga Reddy District. The petitioners purchased individual plots on various dates from 1968 to 1993 under various sale deeds and acquired title, the details of which have been shown in annexure-I. It is further stated by the petitioners that an extent of five acres in Sy. No. 49 was allotted in favour of one Smt. Sharada Bai by the Tahsildar, Medchal in his proceedings no. A3/9765/1960 dt. 21-3-1961. The said permission was granted by the Tahsildar under the Laoni Rules subject to condition that after Podhi work is completed and after assessments are fixed by the department on survey and settlement, the said allottee shall pay the assessment so fixed. However, the grant was subject to cancellation only if the allotment made is by mistake of fact or owing to misrepresentation of fact. While allotting the said land, it was also stipulated that the land granted is not transferable, the said grantee shall not transfer without previous sanction obtained from the tahsildar. It is further stated by the petitioners that smt. Sharada Bai wanted to sell the land after allotment and therefore on 30-10-1967 she sought the permission of the Tahsildar under Sections 47 and 48 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 (for short "the said Act") and accordingly permission was granted to her to sell the property in favour of bhagavanth Rao Mashalkar. On 18-12-1967 sharada Bai sold the property to Mashalkar under the registered sale deed. On 16-2-1979 mutation in the revenue records was done in the name of Mashalkar. On 11-9-1979 Gram panchayat granted lay-out in favour of mashalkar, in between 1979-1982. Mashalkar divided the property into different plots and he sold different plots in favour of the petitioners and others. On 23-10-1979 Smt. V. Shantha Kumari purchased Plot No. 18 under registered sale deed from Mashalkar. On 13-12-1980 smt. V. Shantha Kumari obtained building permission from the Gram Panchayat. The 2nd petitioner in the contempt case namely devaki purchased plot numbers 29 and 30 vide document No. 1009/81. On 19-8-1991 a decree for permanent injunction was granted in favour of Shantha Kumari in o. S. No. 31 of 1988 by the District Munsif, medchal against the Government represented by the Collector, and Mandal revenue Officer, Qutubullahpur restraining them from interfering with her possession. Smt. Shantha Kumari was constrained to file the above suit as the Collector and the m. R. O. , threatened her to resume the land. Similarly different petitioners herein filed such suits and the suits were decreed accordingly. In spite of this position and even after obtaining the decree against the collector and the M. R. O. the collector issued proceedings dated 17-8-1996 to resume the entire land and therefore they were constrained to file the present writ petition.

( 3 ) ON filing of the writ petition, notices were issued to the respondents. Respondents filed their counter. In the counter it is mainly contended that the sale made by Sharada Bai in favour of bhagavanth Rao Mashalkar itself is illegal and therefore the Government gets a right to resume the land. Though the suit is decreed in favour of different petitioners it has no legal force. The Government is entitled to resume the land as per the terms and conditions of the assignment. It is further contended in the counteraffidavit that the w










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