COMMON ORDER:

Since these entire writ petitions were filed to declare the st proceedings in F.No.14/127/AP/ 2014/ESDW (undated) of the 1 respondent as illegal and contrary to the provisions of Article 338 of the Constitution of India, they are being heard together and disposed of by this common order.

2. The case of the petitioners in all the writ petitions, in brief is that, they are vendors or vendors vendors of different extents of the land in Survey No.382 of Madhurawada village, Visakhapatnam Rural Mandal, Visakhapatnam District, under respective sale deeds from Nalla Appalaswamy, an Ex- serviceman. The said Nalla Appalaswamy was assigned the said land in an extent of Ac.4-25 cents under Ex-serviceman quota vide D-Form patta dated 24.06.1972. Though the land assigned to him is situated in Survey No.382, in the D-form patta it was incorrectly shown as if the land is situated in Survey No.374/2. As such, a corrected patta was issued with correct survey number vide corrected patta dated 08.04.1988 for the same subject property covered under earlier patta dated 24.06.1972. In fact the said Nalla Appala Swamy had been in occupation of the land covered under the pattas even prior to 1972 and had been cultivating the same as Shivai Jamadar. When an attempt was made to dispossess him from the said land, the said Nalla Appala Swamy had filed Writ Petition No.18539 of 1987 and the District Collector, Visakhapatnam, in the counter affidavit had admitted that the said individual had been in occupation of the land in Survey No.382 and the incorrectly shown survey number i.e. 374/2 was corrected as Survey No.382 and corrected patta was granted to the individual by correcting the mistake. As per Board Standing Order No.15, Para-11, Sub Para (2) clause (v) sub- Clause (a), the lands assigned should not be sold or otherwise alienated for a period of ten (10) years. The Government vide G.O.Ms.No.1117, dated 11.11.1983 had made the situation clear that Ex-Servicemen are free to sell their assigned lands after a period of 10 years. The 10 year period in relation to the land assigned to Nalla Appala Swamy had expired on 24.06.1982 and therefrom the land had lost its character of non-alienability and as such there was no impediment for him to sell the same. Taking note of the same, the District Collector, Visakhapatnam had issued proceedings vide Rc.No.426/2006/E1, dated

24.05.2010 ordering de-notification of an extent of Ac.0-43 ¾ cts. from the purview of notification issued under Section 22A of the Registration Act, 1908.

th It is the further case of the petitioners that, the 5 respondent, who is grandson of Nalla Appala Swamy, appears to st have approached the 1 respondent-National Commission for st Schedules Castes with a complaint and thereon the 1 respondent, without issuing any notices and without affording any opportunity to the petitioners, had passed the proceedings impugned in these writ petitions affecting their property rights.

st The 1 respondent has virtually adjudicated upon the subject over which it has no jurisdiction and decided certain issues, which are not within its purview. The impugned proceedings virtually contain directions to the authorities and on the strength thereof, the revenue and police authorities, now want to dispossess the petitioners from the subject land. In fact, the authorities have visited the subject land and informed that the possession of the petitioners’ land would be taken on the basis of the impugned proceedings. Hence, these writ petitions have been filed.

th

3. The 5 respondent filed counter affidavit denying the averments of the writ affidavits, inter alia contending that, the then Mandal Revenue Officer, on verification, having noticed that the land assigned to grandfather of this respondent viz., N.Appala Swamy, an ex-serviceman, in Survey No.374/2 was vacant and the same is classified as MC, had cancelled the earlier patta issued in the year 1972 and issued a revised patta in the year 1988 for a