Andhra Pradesh High Court
P.Mangamma - Appellant
Versus
Womens Co-operative Housing Society Ltd., Barakatpura, Hyderabad rep.by its Secretary - Respondent
W.P.No.860/89 etc.
Decided On : 09-25-95
Advocates Appeared :
M/s. Miss V. Lakshmi Devi, J. Suresh Babu, Mr. P. Ramachndra Reddy, Mr. S. Venkata Reddy, Mr. K.N. Jwala, Mr. M. Narender Reddy
HELD: The action initiated by the District Collector at this distance of time, nearly after a lapse of 31 years from the date of assignment of the lands and particularly in the premise of the attending facts and circumstances to the case, is totally irrational and unreasonable and violative of fair play in administrative action
If by the possession certificates issued in the month of January, 1953 the assignees were permitted to take possession of the land in that month itself after obtaining necessary orders from the Collector of Hyderabad district, it is totally untenable and impermissible for the respondent authorities now to contend the, the lands were assigned to the assignees by the Tahsildar without seeking approval of the District Collector The certificate dated 4-1-1953 clearly belies the claim of the respondent authorities
( 1 ) COMMON questions of law and that of facts do arise for consideration and resolution in this batch of Writ Appeals and Writ Petitions and all these Writ appeals and Writ Petitions have a common factual background. Therefore all these Writ Appeals and Writ Petitions were dubbed and heard together and they are being disposed of by this common judgment.
( 2 ) ALTHOUGH there are certain factual controversies between the parties, the undisputed facts be summarised as under: in the year 1953 the Tahsildar assigned the following parcels of land comprised in the Government poromboke land bearing Survey No. 403 of shaikpet village of former Hyderabad west taluk, presently part of Golconda taluk of Hyderabad district, in favour of the following 11 persons under the laoni Rules, 1950, hereinafter shortly referred to as the Rules .
Shaikpet village of former Hyderabad west taluk, presently part of Golconda taluk of Hyderabad district, in favour of the following 11 persons under the Laoni Rules, 1950, hereinafter shortly referred to as the Rules .
S. NO.
Name of the assignee
Extent of land
Acs. Gts.
1.
Sriyelliah
10-00
2.
Sri Makkala Sayanna
9-00
3.
Sri Gowlikari Eraiah
6-35
4.
Sri Gowlikari Erraiah
3-00
5.
Sri S. H. Ramiah
6-20
6.
Sri S. H. Ramiah
3-20
7.
Sri Mukkala Sayanna
0-37
8.
Sri Sevalli Sayanna
9-39
9.
Sri Secalla Balaiah
8-35
10.
Sri Sevalla Mallaiah
8-36
11.
Sri Sivala Malliah
1-05
3. It is stated that these assignees sold the lands through the registered sale deeds to different persons during the period 1963 to 1967 and there has been subsequent sales by the purchasers also. Writ Appeal No. 860/1989 arises out of the common judgment dated 4-4-1989 passed by the learned single Judge of this Court in W. P. 6120/1986 and W. P. No. l3097/1987. Writpetitionno. 6120/1986 was filed by the Women s Co-operative Housing Society Limited, Hyderabad. Writ Appeal No. 948/1989 is filed by the said Society whereas Writ Appeal No. 860/1989 is filed by 26 individuals who claim to have built houses on the plots allotted to them by the Society and living therein. W. A. M. P. No. 441 /1995 was filed by one Smt. G. Nutanbala in W. A. No. 860/1989 seeking permission of the Court to implead herself as a party to the Writ Appeal claiming herself to be a purchaser of a plot from the appellant-Society by way of sale deed dated 13-2-1985. Writappealno. 560/1990 arises out of the judgment dated 25-4-1990 passed in W. P. No. 5653 of 1990 which was filed by the legal representatives of one Sevalli Savanna one of the assignees. The said Writ Petition was dismissed by the learned single Judge of this Court at the stage of admission itself. Writ Appeal Nos. 13874/1992, 13875/1992, 13876/1992, 13877/1992, 13878/1992 and W. P. No. 16220/1992 are filed by some of the purchasers of the sites from the allottees of the sites from the Society. Appellants in W. A. No. 560/1990 have got themselves impleaded in W. P. Nos. 13874/1992,13875/1992,13876/1992, 13877/1992 & 13878 /1922 as respondents by the orders passed by mis Court in W. P. M. P. Nos. 21439/1994, 18831/1994, 18940/94, 18941/94 and 18939/94 respectively. Writ Appeal No. 1015/1989 arises out of the judgment and order dated 4-4-1989 passed in W. P. No. 13097/1987 and this appeal is filed by two purchasers, namely, M/s. G. Govinda Rao and G. V. K. Rama Rao who claim to have purchased the land from the original assignees.
( 3 ) IT is stated that these assignees sold the lands through the registered sale deeds to different persons during the period 1963 to 1967 and there has been subsequent sales by the purchasers also. Writ Appeal No. 860/1989 arises out of the common judgment dated 4-4-1989 passed by the learned single Judge of this court in W. P. 6120/1986 and W. P. No. l3097/1987. Writpetitionno. 6120/1986 was filed by the Women s Co-operative Housing Society Limited, Hyderabad. Writ Appeal No. 948/1989 is filed by the said Society whereas Writ Appeal no. 860/1989 is filed by 26 individu
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