Back
2018 Supreme(AP) 582
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
T. Amarnath Goud, J.
Tirupathi Subhash and others – Appellants
Vs.
State of Andhra Pradesh – Respondent
W.P. No. 10368 of 2006
Decided On : 28-09-2018
Shafath Ahmed Khan, Adv., P. Roy Reddy, Adv.
Headnote:
A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 – under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 – Constitution of India – Article 226 – Petitioners that they are the owners of the open plots in Sy. situated at Sitaram Nagar Colony, Nizamabad – They purchased the said plots from the original owner B.Satyanarayana and Others through registered sale deeds in the year 1981 onwards. Originally one B.Gangaram (Golla Gangaram) and his brother Laxmikantha Rao are owners and pattadars of land admeasuring Ac.2.19 guntas in Sy.Nos.1684, Ac.1.38 guntas in Sy.No.1685 and Ac.2.36 guntas in Sy.No.1686, total Ac.7.07 guntas – They furnished declaration under A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in respect of their lands in Sy.Nos.1684, 1685 and 1686 along with their other lands – Special Deputy Collector, Nizamabad has determined the holding vide proceedings No.1245/NZB/75 dated 29.11.1975 declaring that said G.Gangaram and his brother Laxmikantha Rao are having equal share in the above said land as owners. Later on, their successors, Satyanarayana and Others have partitioned the land vide Memorandum of Partition – They made the said land into plots and sold away the same during 1980-83 to different persons through registered sale deeds – Petitioners also purchased plots from successors of Gangaram and Laxmikantha Rao through registered sale deed vide document etc., and they are in possession of the land – It is further stated that while matter stood thus, on 18.03.2006, the officials of 4th respondent have come to the above land and tried to demarcate the same – On enquiry, the petitioners came to know that Government has allotted land to 5th respondent under the pretext that the land belongs to Government. Immediately, the petitioners made a representation to the 4th respondent, stating that the land in Sy. belong to them and the Government has nothing to do with the land – 4th respondent informed the petitioners that Government has already allotted land to an extent of Ac.2.30 guntas in Sy.No.1686 KK, situated at Nizamabad in favour of 5th respondent vide G.O.Ms. Revenue (Assignments-II) Department – 4th respondent has also issued Memo in Lr. directing the 5th respondent to pay market value at the rate of Rs. 275/- per Sq.yard, total Rs. 36,60,250/-. It is stated that G.O., was issued on a false report filed by District Collector, Nizamabad that land belongs to the Government – Held, government, upon application filed by the 5th respondent and after due enquiry and upon taking into consideration all aspects, alienated the subject lands in favour of the 5th respondent by collecting the market value of Rs. 36,60,250/- for allotting 105 house sites in favour of members of 5th respondent association and issued G.O.Ms.No.1147, Revenue (Assignments-II) Department, dated 15.06.2005 and by way of a panchanama hand over possession to the 5th respondent association. Sy. is not a sub division of survey number, but it denotes Karij Khata i.e., Government land. It is not for this Court to give a finding with regard to the disputed question of facts as to who is in possession of subject lands, but as per the record, it is obvious that paper possession (symbolilc possession) is in favour of the 5th respondent – Unless the petitioners establish their title, they cannot question the action of the Government in issuing the impugned G.O., alienating the subject lands in favour of the 5th respondent association for allotting house sites to its members – Petition is dismissed.(Paras 12, 13 and 14)
T. Amarnath Goud, J.
This writ petition is filed seeking to declare G.O.Ms.No.1147 Revenue (Assignments-II) Department dated 15.06.2005, which was served on the petitioners on 03.05.2006 and also the action of the respondents 1 to 4 in allotting the land in Sy.Nos.1684, 1685 and 1686 admeasuring Ac.2.30 guntas, situated in Sitaram Nagar Colony, Nizamabad belonging to the petitioners to the 5th respondent as illegal, arbitrary and against the principles of natural justice and consequently set aside the same.
2. It is the case of the petitioners that they are the owners of the open plots in Sy.Nos.1684, 1685 and 1686, situated at Sitaram Nagar Colony, Nizamabad. They purchased the said plots from the original owner B.Satyanarayana and Others through registered sale deeds in the year 1981 onwards. Originally one B.Gangaram (Golla Gangaram) and his brother Laxmikantha Rao are the owners and pattadars of the land admeasuring Ac.2.19 guntas in Sy.Nos.1684, Ac.1.38 guntas in Sy.No.1685 and Ac.2.36 guntas in Sy.No.1686, total Ac.7.07 guntas. They furnished declaration under the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 in respect of their lands in Sy.Nos.1684, 1685 and 1686 along with their other lands. The Special Deputy Collector, Nizamabad has determined the holding vide proceedings No.1245/NZB/75 dated 29.11.1975 declaring that said G.Gangaram and his brother Laxmikantha Rao are having equal share in the above said land as owners. Later on, their successors, Satyanarayana and Others have partitioned the land vide Memorandum of Partition dated 20.02.1978 and 08.03.978. They made the said land into plots and sold away the same during 1980-83 to different persons through registered sale deeds. The petitioners also purchased the plots from the successors of Gangaram and Laxmikantha Rao through registered sale deed vide document No. 1539/81, dated 9.04.1981 etc., and they are in possession of the land.
3. It is further stated that while the matter stood thus, on 18.03.2006, the officials of 4th respondent have come to the above land and tried to demarcate the same. On enquiry, the petitioners came to know that the Government has allotted the land to 5th respondent under the pretext that the land belongs to the Government. Immediately, the petitioners made a representation to the 4th respondent, stating that the land in Sy.Nos.1684, 1685 and 1686 belong to them and the Government has nothing to do with the land. The 4th respondent informed the petitioners that the Government has already allotted the land to an extent of Ac.2.30 guntas in Sy.No.1686 KK, situated at Nizamabad in favour of 5th respondent vide G.O.Ms.No.1147, Revenue (Assignments-II) Department, dated 15.06.2005. The 4th respondent has also issued Memo in Lr.No.A5/18253/99, dated 23.08.2005, directing the 5th respondent to pay the market value at the rate of Rs. 275/- per Sq.yard, total Rs. 36,60,250/-. It is stated that the G.O., was issued on a false report filed by the District Collector, Nizamabad that the land belongs to the Government. The 4th respondent has also collected revenue tax from the original pattadars. During the life time of the original pattadars G.Gangaram and his brother Laxmikantha Rao and over a period of 3 decades, they were in possession of the land i.e., prior to 1975 and also after 1975. Thereafter, their successors were in possession of the land as owners and they perfected their title by prescription. Since 1981 onwards, the petitioners are in possession of the land by virtue of registered sale deed stated supra. Now the Government cannot allot the land of the petitioners to the 5th respondent without acquiring the same under Land Acquisition Act. The 2nd respondent did not give any prior notice to the petitioners or other purchasers who constructed the houses before sending the report to the Government.
4. The respondents 1 to 4 filed a counter affidavit, contending that as per the revenue records, the lands are Gover
