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2007 Supreme(AP) 285

GOPALA KRISHNA TAMADA
Kishan Singh – Appellant
Versus
Special Commissioner – Respondent


Advocates Appeared:For the Petitioner:K. Raghuveer Reddy, Advocate. For the Respondents: Government Pleader for Assignment.

Judgment :-

This writ petition is filed seeking a mandamus to declare the order, dated 4.1.1997 passed by the 1st respondent-Special Commissioner, as arbitrary and illegal, and consequently set aside the same.

The brief facts of the case are that the petitioner is the absolute owner and possessor of the land admeasuring Ac.1.10 guntas in S.No.92 situated in Mamidipally village, Armoor Mandal, Nizamabad District. The Government, after collecting market value, granted patta and subsequently assigned the land to him in the year 1980 and since then he has been in continuous possession and enjoyment of it. Most of the conditions of the patta are applicable to the landless poor persons, who are assigned lands free of cost, but the petitioner was assigned the land on payment of fixed market value. When the petitioner applied to local Gram Panchayat for grant of layout, the 3rd respondent-Revenue Divisional Officer, without reference to any provisions of the Andhra Pradesh (Telangana Area) Land and Revenue Act (for brevity “the Act”) passed an order dated 27.7.1991 cancelling the assignment of the land. Against this order, when the petitioner preferred an appeal, the 2nd respondent-Joint Co





























































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