2007 Supreme(AP) 150
2007 (2) ALT 514
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
V. ESWARAIAH, J.
G.S. Prabhakar - Petitioner.
Versus
Joint Collector, Sangareddy, Medak District and another - Respondents.
W.P.Nos. 2163 and 2315 of 2007
Decided on 08-02-2007.
Advocate appeared.
Mr. C. Ramachandra Raju, Advocate for the Petitioner in W.P.No 2163 of 2007.
Mr. C. Sudesh Anand, Advocate for Petitioner in W.P.No. 2315 of 2007.
G.P. for Revenue for the Respondents.
Headnote:
Land Laws – Assignment of Lands – Cancellation – These two writ petitions are filed questioning the same impugned proceedings, of the Joint Collector, cancelling the assignment of the lands made in favour of the alleged seven freedom fighters, each to an extent of AC.5.00 totalling an extent of AC.35., earlier assigned by the Mandai Revenue Officer vide earlier proceedings, and directing to resume the above said lands immediately – As the questions involved in both the writ petitions are similar they are being disposed of by a common order. – Held, Court is of the opinion that the Mandal Revenue Officer has no authority or power to give the endorsement vide letter No.B/96/ 2005 dated 25-06-2006 clarifying that two conditions at S. as shown in the final patta certificates, is without any jurisdiction and also illegal and as already stated the orders of the Government of India in G.O.Ms. and the subsequent orders in G.O.Ms. clearly prohibit the assignment of the land for a period of ten years and therefore, necessary appropriate action requires to be taken against the Mandal Revenue Officer, Patancheru for the aforesaid action in accordance with law – Writ Petitions Disposed Of
Heard the learned counsel appearing for the petitioners as well as the learned G.P. for Revenue appearing for the respondents.
2. These two writ petitions are filed questioning the same impugned proceedings, dated 27-01-2007, of the Joint Collector, Medak at Sangareddy cancelling the assignment of the lands made in favour of the alleged seven freedom fighters, each to an extent of AC.5.00 totalling an extent of AC.35.00 situated at Ameenpur village, Patancheru mandai, earlier assigned by the Mandai Revenue Officer, Patanacheru vide proceedings No.B/96/2005, dated 14-05-2005, and directing to resume the above said lands immediately. As the questions involved in both the writ petitions are similar they are being disposed of by a common order.
W.P.No.2163 of 2007:
3. It is the case of the petitioner in this petition that the Mandal Revenue Officer, Patancheru Mandal has assigned AC.5.00 of land in Sy.No.343 of Ameenpur village, Patancheru mandal in favour of one Bollu Bhadraiah, a freedom fighter in the year, 2005 along with six others with the approval of the Mandal Assignment Review Committee consisting of Revenue Divisional Officer, Local M.L.A., etc., by proceedings dated 14-05-2005 in furtherance of the Government policy for assignment of the land to the freedom fighters as envisaged in G.O.Ms.No.185, Revenue (Assign-I) Department, dated 11-03-1997. Pursuant to the said proceedings all the seven freedom fighters including the said Bhadraiah have been put in possession of their respective lands under panchanama. After assignment of the land, the said Sy.No.343 has been sub-divided by the revenue authorities and Sy.No.343/19 has been allotted in respect of the land assigned to Bollu Bhadraiah and pattadar pass books and title deeds were also issued by the Mandal Revenue Officer in favour of the assignees. It is stated that G.O.Ms.No.185, dated 11-03-1997 permits the political sufferers to alienate the land assigned to them. As such the petitioner purchased the assigned land of Ac.5.00 of land in Sy.No.343/19 of Ameenpur village, Patancheru Mandal from the said Bhadraiah for a valuable consideration under a registered sale deed dated 24-08-2005, i.e., within four months from the date of assignment.
4. The copy of the sale deed filed by the petitioner goes to show that the said land of AC.5.00 was purchased by the petitioner for a sum of Rs.30,00,000/-. It is stated that his father obtained permission from the Mandal Revenue Officer, Patancheru for alienation of the land and thereafter only the sale deed was executed in his favour and therefore the assignment of the land in favour of the vendor is valid and legal and the sale made by him in favour of the petitioner is valid and legal and the said transfer is not in contravention of any of the Government orders or the rules relating to the assignment of the lands. It is further stated that after the purchase of the land pattadar passbooks and title deeds were also issued in favour of the petitioner by the Mandal Revenue Officer, Patancheru and therefore, the order passed by the Joint Collector cancelling the assignment of the land and for the resumption of the land without giving any notice to the petitioner is illegal and unsustainable.
Writ Petition No.2315 of 2007:
5. Fourteen petitioners filed this petition seeking to declare the aforesaid impugned order of the Joint Collector, dated 27-01-2007, insofar as the lands purchased by them in respect of the said Sy.No.343 with Sub-division Sy.Nos.343/20, 343/21 & 343/22 each admeasuring AC.5.00 of the said Ameenpur village, Patancheru mandal assigned in favour of Velupukonda Veeramallu, Manchikatla Mallesham and Erumalla Rajanarsu, as illegal, arbitrary and against the principles of natural justice.
6. It is stated that the first six petitioners purchased 20 gts each in respect of Sy.No.343/21 vide registered sale deeds, dated 25-02-2006; petitioners 7 to 10 purchased AC.1.00 each in Sy.No.343/21 and 343/20 vide registered sale deed,