1999 Supreme(AP) 947
Andhra Pradesh High Court
Judges : B.S.A.SWAMY
Sudarsanam Venkatacharyulu - Appellant
Versus
Government Of A.P., Social Welfare Dept., Hyderabad - Respondent
Decided On : 10-28-99
Headnote:
Land Acquisition act - Section 5 - Section 17 - Section 6 - Section 4 – lands - Case is having previous history - Initially second respondent with a view to provide housesites to weaker sections acquired Ac. 8. 43 cents of land in sy. Nos. 130/2 and 130/4 including an extent of ac. 3. 56 cents of land which is being enjoyed by petitioners as remuneration for services rendered to deity by issuance of draft notification and declaration invoking urgency clause and dispensing with statutory enquiry contemplated - Questioning said action of second respondent, while some persons claiming to be tenants over an extent of Ac. 6. 31 cents of land filed and same seemed to have been disposed of at admission stage, after hearing government Pleader by directing Land acquisition Officer to conduct statutory enquiry and take a decision – Held , Coming to aspect of taking possession of land by Village assistant from record it is seen that V. A. O. , has taken possession of lands by conducting a panchanama and file does not disclose that any notice was given to petitioner to hand over possession of lands as objections raised by him were rejected. Such an action on part of respondent is unknown to law - For allse reasons, Court have no hesitation to hold thatre is complete abdication of functions under Act by second respondent which resulted in allowing this writ petition - Accordingly, writ petition is allowed and action of respondents in taking possession of lands belonging to petitioner is declared as invalid and matter is remitted back for fresh consideration - It is needless to observe that L. A. O. , and L. A. O. , alone has to consider objections raised by petitioners and pass orders and he shall also not only pass orders, but also in fact inform same to petitioners in a manner known to law - While adverting to contentions of petitioners LAO shall advert to contentions of petitioners that lands given tom in lieu of remuneration for services rendered to deity which is categorised institution and as Government has also not fixed salaries payable tom for service rendered in light of judgment of Supreme Court whether department is justified in taking possession of lands of petitioners and depriveir livelihood at this length of time - He shall also verify whether beneficiaries left out are genuine beneficiaries or whethery are trying to get house sites by adopting dubious means - Petitioners are also given opportunity to prove whether left out beneficiaries are genuine or not – Write Petition is accordingly allowed
( 1 ) THIS writ petition is filed questioning the action of the second respondent in informing the public by beating of tom-tom on 4-6-1999 that the lands belonging to the petitioners-Archakas of Sri Lakshmi- narayanaswamy vari Temple, Kunduru village in Sy. No. 130 were taken over by the village Assistant, and trespassers will be punished and to declare the same as illegal, without jurisdiction and invalid and sought for such other order or orders to meet the ends of justice.
( 2 ) THIS case is having previous history. Initially the second respondent with a view to provide housesites to weaker sections acquired Ac. 8. 43 cents of land in sy. Nos. 130/2 and 130/4 of Kunduru village, Kotipalli Gangavaram Mandal, East godavari District including an extent of ac. 3. 56 cents of land which is being enjoyed by the petitioners-Archakas as remuneration for the services rendered to the deity by issuance of draft notification under Section 4 (1) of the Land Acquisition act (for short the Act ) on 21-2-1996 and declaration under Section 6 (1) of the Act on 22-3-1996 invoking the urgency clause under Section 17 (4) of the Act and dispensing with the statutory enquiry contemplated under Section 5-A of the Act. Questioning the said action of the second respondent, while some persons claiming to be the tenants over an extent of Ac. 6. 31 cents of land filed W. P. No. 1652/1996, and the same seemed to have been disposed of at the admission stage, after hearing the government Pleader by directing the Land acquisition Officer to conduct the statutory enquiry and take a decision. The petitioner- archakas also filed W. P. No. 4791/1996 questioning the land acquisition proceedings. This Court by an order dated 7-3-1996 disposed of the writ petition directing the respondents not to dispossess the petitioners from the petition schedule land till the statutory enquiry under Section 5-A of the Act is completed. I understand that one of the beneficiaries seemed to have filed Writ Appeal No. 912/1997 before a division Bench of this Court against the order in W. P. No. 1652/1996, and a Division bench of this Court allowed the Writ appeal by an order dated 5-2-1998 on a concession made by the Counsel appearing for the tenants-respondents in the appeal stating that they have no enforceable legal right. Thereafter, the second respondent seemed to have conducted an enquiry on 19-01-1998. The petitioners initially appeared before the Land Acquisition officer and contended that the lands in their possession cannot be acquired as the temple is classified as c class temple under section 6 of the A. P. Charitable and Hindu religious Institutions and Endowments Act as the income of the temple is less than rs. 50,000/ -. It is also their case that these lands were given to them in lieu of remuneration for the services rendered by them to the deity and if the lands are acquired their livelihood will be affected. In fact, in those lines written objections were also filed. Thereafter, according to the government Pleader for Social Welfare, the objections raised by the petitioners were rejected on 5-6-1998 and the lands were taken possession by the Village Assistant by conducting panchanama on 4-6-1999 and the same was informed to the public by way of tom-tom on the same date. Questioning the said action, the petitioners filed the present writ petition and while admitting the writ petition by order dated 15-6-1999, I directed interim stay of dispossession. The petitioners filed C. C. No. 1123/1999 stating that inspite of the orders of this Court the respondents are not allowing them to cultivate the lands. Then the contempt case was admitted on 3-8-1999 and I directed the contemnor to appear in the Court on 24-8-1999. The contemnor having appeared in the Court also filed his counter on 24-5-1999. As the counter is silent on what date objections were rejected and whether fresh declaration as required under Section 6 of the Act issued or not, I dire