Andhra Pradesh High Court - Amravati
A K Bahamani vs Prl.Secretary Revenue And 3 Others on 18 February, 2022
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THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.33282 of 2016
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 4 in interfering the petitioner's peaceful possession and enjoyment of the land in survey No.238/2(Old) New survey No.236/3 for an extent of Ac.4.10 cents situated in Tatiparthi Village, Thottambedu Mandal, Chittoor District is illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the above said land in the interest of justice and to pass necessary order or orders...."
2. It is the case of the petitioner that the land admeasuring Ac.4.10 cents in survey No.238/2 (old), new survey No. 236/3 situated at Tatiparthi village, Thottambedu Mandal, Chittoor District assigned by grant of DKT patta in favour of the petitioner vide DKT No.33/4/95, dated 22.03.1986. Since the date of grant of DKT patta, the petitioner is in possession and enjoyment of the said land by paying land revenue to concerned authorities and obtained pattadar pass book and adangal pahani for the land allotted to him by granting DKT patta referred above.
3. While the matter stood thus, respondent Nos.2 and 3, without any notice to the petitioner, making attempt to 2 dispossess the petitioner and allot the same to Andhra Pradesh Industrial Infrastructure Corporation (APIIC) and on coming to know about the same, the petitioner made a representation to the 2nd respondent through grievance cell and in turn issued an endorsement dated 29.07.2015, but till date no action was taken with regard to the same particularly petitioner's Khata No.261 in the revenue records through website.
4. The petitioner also made an application dated 08.07.2016 under Right to Information Act requesting to furnish information with regard to the particulars of the petitioner's land which is not shown in his name, in the website of the revenue department and also in Mee Bhoomi website. The Power Grid Corporation of India Limited also laid electric lines in some portion of the petitioner's land and paid compensation of Rs.31,200/- through cheque bearing No.008175 dated 30.04.2014. Thus, the petitioner is in actual possession and enjoyment of the property assigned to him by granting DKT patta referred above and the respondent Nos.2 and 3, without any notice and without following due process of law, trying to dispossess the petitioner from the said land and such act of interference without following due process of law is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India.
5. The respondent No.4 filed counter admitting about the grant of patta in favour of the petitioner, but contended that 3 on the requisition filed by the Zonal Manager, APIIC Limited, Tirupati, dated 05.03.2015 for alienation of land in an extent of Ac.382-09 cents in survey No.63-3A etc of Tatiparthi village as the land was allotted to APIIC, Tirupathi as per G.O.Ms.No.571 Revenue (Ass.1) Department, dated 14.09.2012 for establishment of Industrial Park, alienation proposals for an extent of Ac.315-79 in survey No.129 of Tatiparthi village in favour of APIIC were submitted to the District Collector, Chittoor through the Sub-Collector, Tirupati vide office Roc.B.177/2014 dated 12.12.2015. In pursuance of the proceedings in Roc.E1/1908/2015 dated 09.06.2016, the District Collector, Chittoor allotted an extent of 315-79 cents in survey No.129-6 etc., including the subject land assigned to the petitioner in Tatiparthi village and handed over to the Deputy Zonal Manager (A.M), APIIC, Tirupati on 11.06.2015 for allotment of land to M/s Flora Ceramics (P) Limited and M/s Kajara Ceramics. As per the letter of the District Collector, Chittoor vide REV-3ic0 (GLM)/2/2016-J A (3I CELL)-REVCTTR Dt: 09.09.2016, an extent of Ac.150.00 cents and Ac.50.00 cents was handed over by the APIIC Limited to M/s Flora Ceramics Private Limited and M/s Khajaria Bathware Plants respectively as per order in G.O.Ms.No.75 Industries & Commerce (Infra) Department, dated 14.09.2015 and the said companies are in possession and enjoyment of the property.
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6. The 4th respondent denied grant of DKT patta bearing 33/4/95 dated 22.03.1986 and the above land was assigned to 1) S. Ademma, W/o Adepareddy (S.No.238-2 Ac.1-50) 2) S. Chenchu Lakshmi, W/o Peda Adepareddy (S.No.238-3 Ac.1-
50) & 3) S.Chenchamma, W/o Peda Adepareddy (S.No.238-3 Ac.1-64) in DKT Nos. 506, 507 & 320/4/1417 respectively and later the same was resumed by the Joint Collector, Chittoor vide D.Dis.E4/13207/2010 dated 26.03.2011 (Sl.Nos.168, 169 & 16). Thus, the APIIC Limited came into possession of the property and the companies to whom the property was allotted are in possession and enjoyment of the property and that the petitioner is not in possession and enjoyment of the property at any time and requested to dismiss the Writ Petition.
7. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for the respondents and learned standing counsel for APIIC.
8. The specific claim of the petitioner is that the land admeasuring Ac.4.10 cents in survey No.238/2 (old) new survey No.236/3 situated in Tatiparthi village was assigned to the petitioner vide DKT No.33/4/95 dated 22.03.1986. Photostat copy of the said DKT Patta is placed on record to substantiate the contention of the petitioner regarding the grant of assignment in favour of the petitioner for the said extent. Besides the above document, the petitioner also placed on record pattadar pass book and title deed issued in 5 favour of the petitioner for the land in survey No.236/3 for an extent of Ac.4.10 cents, notice under Indian Telegraph Act of 1885 dated 01.10.2013 by Power Grid Corporation of India Limited proposing to lay electrical line in the land and paid compensation of Rs.31,200/- vide cheque bearing No.008175 dated 30.04.2014. Apart from that, the other documents evidencing payment of land revenue to the Government and 10-1 adangal copy would disclose that DKT patta was granted to the petitioner assigning the land admeasuring Ac.4.10 cents in survey No.236/3 situated in Tatiparthi village. Thus, the petitioner could establish that patta was granted in his favour. The respondent No.4 denied the grant of patta in favour of the petitioner. However, such dispute cannot be decided by this Court while exercising jurisdiction under Article 226 of the Constitution of India, since it is a disputed question of fact.
9. As seen from the material on record , more particularly about payment of compensation of Rs.31,200/- by Power Grid Corporation of India Limited and payment of land revenue by the petitioner would clinchingly establish that the petitioner is in possession of the property, whereas the respondent No.4 contended that the property was allotted to APIIC, who in turn handed over possession to M/s Flora Ceramics Private Limited and M/s Khajaria Bathware Plants and this fact is also disputed by the petitioner while ascertaining that the petitioner is in possession and enjoyment of the property. 6 But for one reason or the other, the petitioner did not produce a copy of No.2 adangal i.e., Cultivation Account of the village evidencing actual cultivation of the land by the petitioner which should establish actual possession and enjoyment of the property as on date. Therefore, the documents placed on record are not sufficient to establish that the petitioner is in possession and enjoyment of the property as on the date of filing the writ petition. Even assuming for a moment that DKT patta was granted in favour of the petitioner and the same was resumed invoking clause 17 of the patta granted in favour of the petitioner, the petitioner is not entitled to compensation in terms of G.O.Ms.No.259, Revenue (Assignment-I) Department, dated 21.06.2016. Therefore, at best, the petitioner is entitled to claim such compensation on par with private patta land owners.
10. With the above observation, the writ petition is disposed of granting liberty to claim compensation in terms of G.O.Ms.No.259, Revenue (Assignment-I) Department, dated 21.06.2016 on par with private patta land owners. There shall be no order as to costs of the Writ petition.
Miscellaneous petitions pending, if any in the Writ Petition, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 18.02.2022 MP