M.S. RAMACHANDRA RAO, J.

WP No. 12960 of 2016 :

1. The petitioners have filed this writ petition to call for the records relating to the proceedings of the Tahsildar, Vijayawada Urban Mandal, Krishna District, Andhra Pradesh in Rc.B/509/2015 dated 25.1.2016; and to quash the same by issuance of writ of certiorari. The 1st respondent in the writ petition is the State of Andhra Pradesh; the 2nd respondent is the District Collector, Krishna District; the 3rd respondent is the Sub-Collector, Vijayawada; the 4th respondent is the Tahsildar, Vijayawada Urban; and the 5th respondent is the Commissioner, Vijayawada Municipal Corporation.

The Case of Petitioners

2. One Syed Hussain Khaja Mohiddin, who is the father of respondent Nos. 2, 4 and 5 and husband of 3rd respondent, purchased an extent of Acs. 3.06 cents under a registered sale deed dated 17.7.1969 from one Saladi Kanaka Rao. The 1st petitioner is his elder brother.

3. The said extent comprises, according to the petitioners, Ac.0.05 cents in RS No. 105/1; Ac.0.24 cents in RS No. 105/2; Ac.1.16 cents in RS No. 106/1; Ac.0.28 cents in RS No. 106/2, Ac.0.27 cents in RS No. 106/2B of Bhavanipuram Village, Vijayawada, apart from Ac.0.87 cents in the New Town Survey (NTS) No. 10; Ac.0.06 cents in NTS No. 11P; Ac.0.13 cents in NTS No. 12P; and Ac.0.57 cents in NTS No. 12P.

4. Petitioners contend that this land is patta land and that the vendor, Sri Saladi Kanaka Rao, had acquired the property through a partition deed dated 14.12.1951 to which the said vendor, one Gattu Appala Swamy and one Saladi Naraiah were parties.

5. Petitioners contend that 1st petitioner purchased Ac.0.5 cents in RS No. 105/1; Ac.0.24 cents in RS No. 105/2 and Ac.0.71 cents in RS No. 106/1 from one Syed Hussain Khaja Mohiddin, who is his elder brother. The petitioners have stated in detail how the lands had changed hands over a period of time prior to purchase by Syed Hussain Khaja Mohiddin.

The show-cause notice dated 2.12.2015 of Tahsildar, Vijayawada Urban under Act 7 of 1977

6. A show-cause notice was issued by the 4th respondent on 2.12.2015 to the petitioners invoking Section 3(2) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act') alleging that they are transferees of assigned lands and that the 1st petitioner had bought Ac.0.71 cents in Survey No. 106/1 and petitioner Nos. 2 to 4 are purchasers of Ac.0.45 cents in RS No. 106/1 and Ac.0.54 1/3 cents in RS No. 106/2, and to show-cause why they should not be evicted from the said land.

Explanation dated 21.12.2015 of Petitioners

7. The petitioners submitted an explanation thereto on 21.12.2015 stating that they are bona fide purchasers of the land; that the land was assigned on 24.6.1919 by the then District Collector, Krishna District in proceedings RC No. 384 of 1917, to one Abdul Jaleel; that several sale transactions were entered into in respect of the land much before the commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977; that the said Abdul Jaleel was in fact a sepoy in the British Military Government (Ex-Serviceman); that the assignment policy of the State Government itself permits ex-servicemen to alienate after enjoying the land for 10 years; that G.O. Ms. No. 743, dated 30.4.1963 issued by the then State Government had clarified that ex-servicemen were free to sell away their assigned lands after a period of 10 years; that the sale of the land in their favour is valid; and the respondents have no jurisdiction to interfere with the land in their occupation, and there is no violation of the provisions of the Act.

The Impugned Order dated 25.1.2016 of Tahsildar

8. But the 4th respondent passed orders in Rc.B/509/2015 dated 25.1.2016, declaring that the petitioners are transferees of assigned lands and that the transfer in their favour is in violation of Section 3(2) of the Act. In the said order, he stated that the land in RS Nos. 106/1 and 106/2 was assigned land, that it w