Andhra Pradesh High Court - Amravati
Ac.1.49 Cents In Rs.No.110 And 111 Of The ... vs Rs No.111 Of The 5Th Petitioner Of ... on 25 August, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION NO.21194 OF 2022
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in including the lands, in an extent of Ac.1.49 cents in RS.No.110 and 111 of the 1st petitioner, an extent of Ac.2.49 cents in RS No.111 of the 2nd petitioner, an extent of Ac.2.48 cents in RS No.116-3 of the 3rd petitioner, an extent of Ac.2.48 cents in RS No.116-3 of the 4th petitioner and an extent of Ac.2.48 cents in RS No.111 of the 5th petitioner of Ilaparru Village, Nandivada Mandal, Krishna District in the Prohibited Properties List prepared and maintained by the respondent authorities as illegal, arbitrary and contrary to G.O.Ms.No.575 Revenue (Assignment-I), dated 16-11- 2018.
2. Heard learned counsel for the petitioners, Government Pleader for Revenue-cum-Stamps and Registration, appearing for the respondents.
3. Learned counsel for the petitioners submitted that originally the subject lands were assigned to the "Field Labour Co-operative Society No.Y/74", Ilaparru village prior to 1954 and the Government assigned a total extent of 165 Acres of land in the year 1921 to their Society and the members of their society have been cultivating the said land from generations together, eking out their livelihood. Subsequently, the land was divided among the members of the Society, accordingly the petitioners being members of the Society got the subject lands, since then they have been in possession and enjoyment of the same. 2
4. While that being so, the 5th respondent/Tahsildar, Nandivada Mandal issued individual notices in Form-II, dated 20.06.2007 under Section 3 of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 alleging that they have been in possession of assigned land in contravention of Section 3(2) of A.P. Assigned lands (Prohibition of Transfers) Act, 1977 and to show cause within 15 days as to why the possession of the said land should not be resumed form them. The petitioners filed their explanations on 28.07.2007. However, the 5th respondent/Tahsildar without considering their explanations, has passed final orders in Rc.B.95/2007, dated 25.09.2007 resuming the lands from them without assigning any reason. Aggrieved by the same, the petitioners have preferred individual appeals before the 4th respondent/Revenue Divisional Officer, Gudivada, Krishna District under Section 4-B of the Act. However, the 4th respondent called for records from the 5th respondent/Tahsildar and without giving an opportunity dismissed their appeals on 09-09-2015 behind their back. The petitioners having coming to know the same, got obtained the copy of the order under Right to Information Act and preferred appeal as contemplated under Section 4-B of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 to the Joint Collector on 03.08.2019, their appeals were taken up and called for reports from the subordinate authorities. The petitioners also filed a petition in Spandana before the 3rd respondent in this regard and an endorsement was given on 18.01.2020 informing that they are awaiting necessary orders from the Government with regard to deletion of their lands in R.S.No.110 and 116-3 of Ilaparru Village, from the prohibited properties list. Even after lapse of three months there was no action either from the Government or from the Joint Collector in their appeals, despite it is mentioned by the 3rd 3 respondent in his endorsement that the 4th respondent has already recommended for deletion of their lands from prohibited properties list.
5. On 12.02.2021 the 5th respondent published a notice inviting objections to delete the lands in their survey numbers from the prohibited properties list as they were noted in RSR as conditional pattas granted to the society prior to 1954. The 5th respondent has submitted a detailed report vide his letter in Rc.No.A222/2020 dated 18-03-2021 to the District Collector pursuant to the notice published by him and submitted the proposal for deletion of their lands. The said proposals were still pending with the 3rd respondent from March 2021 onwards and no action has been taken to delete their lands from the prohibited properties list.
6. Contention of the petitioners is that when once their land is noted in the RSR as conditional patta granted in the year 1921, the said land cannot be treated as assigned land within the meaning of Section 2(1) of A.P. Assigned Lands (Prohibition of transfers) Act, 1977. Hence, they are not come under D-Patta lands and the same cannot be included in the prohibited list by the authorities under Section 22-A of the Registration Act. Since no action has been taken to delete their lands from the prohibited properties list, the present writ petition is filed.
7. On perusal of the material on record, it discloses that based on the application made by the petitioners, the 2nd respondent/District Collector sought proposal from the 5th respondent, accordingly the 5th respondent conducted enquiry and submitted report to the 2nd respondent- District Collector, Machilipatnam, which is kept pending. 4
8. In view of the above, the 2nd respondent/District Collector is directed to consider the report of the 5th respondent and pass appropriate orders on the application made by the petitioners for deletion of the subject properties under Section 22-A of the Act, within a period of two (02) months, from the date of receipt of a copy of the order.
9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
______________________ JUSTICE D. RAMESH Date: 19.07.2022 Pnr