Bhoodan lands under Revenue control; expired leases invalid, encroachments removable by authorities.

(Order of the Court was made by S.M.SUBRAMANIAM,J.,)

The Writ of Mandamus has been instituted seeking a direction to the respondents to handover possession of the property in Survey No.186/3B2A, Kurichi Village, Madhukarai Taluk (formerly Coimbatore Taluk), Coimbatore District and further direct the respondents not to interfere with the peaceful possession of the petitioner in the property in Survey No.186/3B2B, Kurichi Village, Madhukarai Taluk (formerly Coimbatore Taluk), Coimbatore District.

2. The learned counsel for the petitioner would mainly contend that the land belongs to Bhoodan Yagna Board and therefore the Revenue Authorities are incompetent to proceed with removal of encroachments, more so, the petitioner is not an encroacher.

3. The learned Additional Government Pleader relying on the counter affidavit filed by the Tahsildar, Madukkarai Taluk, Coimbatore District would submit that even Bhoodan Yagna land is under the control of the Revenue Department. The land is being utilized to distribute to the landless poor people and hence it is a part of the Government land. Therefore, the Government is duty bound to protect the Bhoodan Yagna land also. Paragraph No.6 of the counter affidavit is extracted hereunder:-

6. It is submitted that, the petitioner claims that the petitioner Concern was in possession of the subject land since 1960 and later it was under lease agreement with Bhoodan Board, during the year 1978 for 25 years but there after the lease was not extended as per the Act, 1958, there is no provision to allot lease in respect of Bhoodan land, the alleged lease itself is not valid as per the Act, 1958, so, the possession and enjoyment on the subject land measuring 0.90 acres has to be treated as encroachment. Further, in the Revenue records, the above extent of 0.90 acres in S.F.No.186/3B2A in Kurichi Village has been registered as Bhoodan Land.

4. The 4^th respondent is the authorized Officer under the Tamil Nadu Bhoodhan Yagna Act, 1958 and therefore the Revenue Authorities are empowered to remove the encroachments, if any, identified in respect of the Bhoodan Yagna land. That apart, the relief as such sought for to handover possession of the subject property cannot be granted by the writ Court under Article 226 of the Constitution of India. The subject land had already been taken over by the Government by removing the encroachments. If at all any right exists, the petitioner is at liberty to workout his remedy in the manner known to law.