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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.25985 of 2015

ORDER:

The present Writ Petition came to be filed under Article

226 of the Constitution of India seeking the following relief:-

“to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent herein in issuing Rc.E2/4452/09 dated 06.02.2015 for handing over paper possession of the petitioners’ lands in Sy.No.607-3 is an extent of Ac.2.63 cents, in Sy.No.607-4 is an extent of Ac.1.16 cents in Sy.No.609-2 is an extent of Ac.2.44 cents, in Sy.No.609-3 is an extent of Ac.2.46 cents, in Sy.No.609-4 is an extent of Ac.2.44 cents, in Sy.No.609-5 is an extent of Ac.0.40 cents, in Sy.No.609-6 is an extent of Ac.0.79 cents, in Sy.No.610-6 is an extent of Ac.0.44 cents, in Sy.No.612-1 is an extent of Ac.1.70 cents, in Sy.No.612-2 is an extent of Ac.2.43 cents, in Sy.No.613-1 is an extent of Ac.1.58 cents, in Sy.No.613-2 is an extent of Ac.2.25 cents, in Sy.No.613-3 is an extent of Ac.2.27 cents, in Sy.No.613-4 is an extent of Ac.2.39 cents, in Sy.No.618-1 is an extent of Ac.2.05 cents, in Sy.No.609-1 is an extent of Ac.1.47 cents situated at Marupuru Village, Podalakuru Mandal, SPSR Nellore District to 5th respondent without any notice / proceedings and without following acquisition proceedings as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and to pass such other orders”.

2. The brief facts of the case are that the petitioners are the absolute owners of various extents in Sy.Nos.607-3, 607-4, 609-2 to 609-6, 610-6, 612-1, 612-2, 613-1 to 613-4, 618-1 and 609-1, having purchased the same through registered sale deeds in the year 1987 and since then, they have been in possession of the said lands. While so, when the petitioners came to know that the local revenue officials have handed over paper possession of their lands for establishment of Radar Station by the Indian Air Force, they immediately made an application under R.T.I. Act seeking information as to the details of those lands that were proposed to be acquired/handed over to the Central Government for the purpose of establishment of Radar Station. In pursuance of their R.T.I. application, the 2nd respondent supplied a copy of the proceedings of the 2nd respondent bearing Rc.E/2/4452/2009, dated 06.02.2015, as per which, paper possession of the lands was directed to be handed over to the 5th respondent herein. Thereafter, when the 4th respondent tried to dispossess the petitioners forcibly on 27.07.2015, the present writ petition is filed.

3. On 25.08.2015, when the writ petition came up for admission, this Court passed the following interim order:

“Status quo, existing as on today, shall be maintained for a period of four (04) weeks.”

4. Thereafter, the respondents filed the vacate stay petition along with the counter of the 4th respondent stating that the then Tahsildar has issued notices to the assignees / petitioners on 10.05.2011 and after following due procedure, the land was resumed and handed over to the Indian Air Force for establishment of Radar Station. Further stated that the lands were assigned to landless poor persons in the year 1965 and thereafter in the year 2004, the said lands were resumed for contravention of provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act, 1977”), as the petitioners have not put the land for cultivation within the prescribed period as required under the Act, 1977. But however, the said resumption orders could not be implemented due to some administrative lapses. Taking advantage of the same, the petitioners were making attempts to grab the land of the Government.

(a) Further stated that in the year 2006, the Tahsildar issued notices to the petitioners / assignees, for which, the petitioners have failed to submit their explanation and as the petitioners failed to submit their explanation, the land was resumed by the Government and thereafter handed over to the Indian Air Force for establ

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