The assignment of land to landless poor persons is a public purpose. The resumption of land assigned to the petitioners by the State is violative of Articles 21 and 300-A of the Constitution of India.

ORDER :

M. Satyanarayana Murthy, J.

1. This writ petition is filed under Article 226 of the Constitution of India to issue writ of mandamus declaring the action of respondent No. 2 in passing resumption order vide proceedings Roc. No. 1304/2019 dated 13.4.2020 for resumption of the land of the petitioners i.e., an extent of Ac. 0.97 cents in RS Nos. 438-1D and 438-1F belonging to petitioner No. 1 and an extent of Ac. 1.63 cents in RS No. 438-1B belonging to petitioner No. 2 of L.G. Padu Village, Bhimavaram Mandal, West Godavari District, is without jurisdiction, highly unwarranted, suffers from non-application of mind, highly arbitrary, mala fide, contrary to G.O. Ms. No. 510 Revenue (Lands-I) Department dated 30.12.2019, contrary to the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "Act 9 of 1977") and contrary to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act, 2013") and highly irrational, violative of principles of natural justice, and also violative of Articles 14 and 21 of the Constitution of India.

2. The petitioners are the residents of Gollavanitippa Village, Bhimavaram Mandal, West Godavari District. Respondent No. 1 is the State and respondent No. 2 is the Tahsildar, Bhimavaram Mandal, Bhimavaram, West Godavari District.

3. The predecessors of the petitioners were in possession and enjoyment of the subject-matter of land for the last 50 years, and after their death, the petitioners are in peaceful possession of the land. In recognition of petitioners long continuous possession and enjoyment of the land as Sivai Jamadars and that the petitioners being landless poor, the State assigned the land of an extent of Ac. 1.63 cents in RS No. 438-1B of L.G. Padu Revenue Village in favour of petitioner No. 2 in the year 2005 and an extent of Ac. 0.75 cents in RS No. 438-1D and an extent of Ac. 0.22 cents in RS No. 438-1F, in total Ac. 0.97 cents in favour of petitioner No. 1. Since the date of assignment, the petitioners are continuing in possession and enjoyment of the property assigned to them in their own right. As the lands are low-lying, being inundated every year and became unfit for cultivation, the petitioners converted the land into fish tanks and carrying pissi-culture to eke out their livelihood.

4. Respondent No. 2 issued notices dated 23.3.2020 proposing to resume the land under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act 9 of 1977") without alleging any contravention under Section 3 of the Act 9 of 1977. Therefore, the notices issued by respondent No. 2 under the Act 9 of 1977 are bad under law and suffers from non-application of mind.

5. On receipt of notices dated 23.3.2020 (referred above), the petitioners issued suitable reply dated 26.3.2020 to respondent No. 2 appraising that they are landless poor and eking out their livelihood totally depending upon the subject land without having any other source of income and requested not to resume the land. Unfortunately, respondent No. 2 passed resumption order dated 13.4.2020 without considering the contents of their reply.

6. Respondent No. 3 issued an endorsement before passing resumption order dated 27.3.2020 to the petitioners stating that the Government is going to take possession of the lands for providing house sites and that the petitioners will be paid compensation as per the Land Acquisition Act, 2013. Therefore, the resumption order impugned in the writ petition is contrary to G.O. Ms. No. 510 Revenue (Lands-I) Department dated 30.12.2019. According to it, the District Collector is competent to resume the land, thereby respondent No. 2 is incompetent to resume the land.

7. It is further contended that the resumption order passed by respondent No. 2 is contrary to G.O. Ms. No. 510 Revenue (Lands-I) Department dated 30.12.2019, which contemplates that the lands alienated to Privat