The resumption orders passed under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 must consider the assignment patta and conditions therein. Failure to follow the prescribed procedure and lack of proper notice to affected parties render the resumption orders illegal and arbitrary.

JUDGMENT :

B. Vijaysen Reddy, J.

1. These two appeals arise out of the common order dated 01.02.2017 passed by the learned Single Judge, in WP. No. 2649 of 2010 and W.P. No. 21088 of 2012.

2. W.P. No. 2649 of 21010 was filed by the petitioners challenging the order dated 20.11.2009 in case No. D1/7791/2008 passed by the Joint Collector, Ranga Reddy District. W.P. No. 21088 of 2012 was filed challenging order of resumption dated 08.02.2002 in proceedings No. B/1250/2001 passed by the Mandal Revenue Officer, Moinabad Mandal, Ranga Reddy District.

3. For the sake of convenience, the parties herein shall be referred to as they are arrayed in the writ petitions.

4. The brief facts of the case pleaded by the petitioners are as under:

(a) The petitioner No. 1 purchased an extent of Ac. 1.00 under a registered sale deed bearing document No. 82/1996 dated 04.01.1996; the petitioner No. 2 purchased an extent of Ac. 2.00 under a registered sale deed bearing document No. 3815 of 1997 dated 05.12.1997; the petitioner No. 3 purchased an extent of 0.20 hectares under a registered sale deed bearing document No. 8408 of 1997 dated 05.12.1997. The lands so purchased are part of Sy. No. 176/2, 3 and 4, situated at Aziznagar Village, Grampanchayat, Moinabad Mandal, Ranga Reddy District.

(b) The petitioners claimed that the land in the above survey number originally belonged to one Abdul Hussaini and one Mohd. Khaja. Their names were recorded in pahanies for the year 1966. There were multiple transactions and the title devolved from the original vendors to various persons under different registered sale deeds right from 1965. The petitioner purchased the lands from one B. Krishna Sagar, S/o. Dharamarao, who was survived by his sons B. Vidyasagar, B. Krishna Sagar and B. Ramsagar. The vendors of the petitioners have got title to the lands by virtue of entries in pahanies. From the year 1966-67, the petitioners have been requesting the authorities to enter their names in the revenue records and to issue the pattadar passbooks. Meanwhile, the petitioners found suspicious discrepancies in the revenue records; the Government started claiming rights over the lands in the year 2001.

(c) Aggrieved by the action of the Government, the petitioners preferred a revision under Section 9 of the Andhra Pradesh Rights in the Land and Pattadar Pass Books Act, 1971, before the Joint Collector for correction of entries in the revenue records from 2001 to 2007. The Joint Collector dismissed the revision petition under impugned order dated 20.11.2009 by recording that the lands are classified as "Kharij Khata" or "Laoni Patta".

(d) However, the petitioners have pleaded that the impugned order of the Joint Collector is contrary to the proceedings conducted by the Special Deputy Collector (LA-General), the land acquisition authority, who issued gazette notification dated 11.12.1986 published in the Deccan Chronicle English daily newspaper wherein part of the lands of the vendors of the petitioners were acquired. In fact, they have been paid a compensation vide cheque No. 047773 dated 17.01.1989. The said lands were shown as patta lands in the year 1954 reflecting the name of the original owner, Abdul Hussaini. The vendors of the petitioners were in continuous possession of the land.

5. In the counter filed by the respondent No. 2 in W.P. No. 2469 of 2010, it is stated that:

(a) Originally the land in Sy. No. 176, total extent of Ac. 220.37 guntas situated at Aziz Nagar Village of Moinabad Mandal is a Government land classified as 'Gairan Sarkari'. As per the faisal patti for the year 1961-62, the entire Government land in respect of Sy. No. 176 was assigned in favour of fifty-four beneficiaries. Accordingly, the Government land in Sy. No. 176/2 (Ac. 2.23 guntas), Sy. No. 176/3 (Ac. 2.02 guntas) and Sy. No. 176/4 (Ac. 2.33 guntas) was assigned to Abdul Hussaini, Mohd. Khaja and Pasha Miyan in the year 1960-61. The said fact was reflected in the pahani 1975-76. But the original ass