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It is further contended that G.O.Ms.No.259 dated 21.06.2016 contemplates that whenever the assigned lands are required for a public purpose or for alienation to a Government Departments or Corporation, the lands shall be resumed as per conditions of patta and that the compensation shall be paid for the resumed assigned lands on par with the patta lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Whereas, G.O.Ms.No.510 Revenue (Lands-I) Department dated 30.12.2019 was issued exclusively for the purpose of resumption of particular nature of lands, which were alienated to private individuals, private organisations and Government Organisations and Departments for MSM,J WP_9808_2020 non-utilisation of land and for violation of conditions of patta. Therefore, G.O.Ms.No.510 Revenue (Lands-I) Department dated 30.12.2019 contained guidelines for implementation of Navaratnalu Scheme and it overrides the general G.O.Ms.No.259 dated 21.06.2016, as such it has no application for resumption of the land of the petitioners.

Even otherwise, the assigned land cannot be resumed in terms of provisions of the Act, 2013. Therefore, the resumption order invoking clause 17 of the conditions of patta is arbitrary exercise of MSM,J WP_9808_2020 power by respondent No.2 and requested to issue writ of Mandamus declaring the impugned resumption order dated 13.04.2020 passed against the petitioners, as illegal and arbitrary.

(i) Whenever the assigned lands are required for a public purpose for a project or for alienation to a Government Department or Corporation, the lands shall be resumed as per Conditions of Patta.

(ii) The compensation for the resumed assigned lands shall be paid on par with Patta lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, MSM,J WP_9808_2020 Rehabilitation and Resettlement Act, 2013 or any other L.A. Act in force in the State."

Thus, as per the Government Order (referred above) only four conditions are incorporated while granting D-Form Patta in favour of landless poor persons. But, in the present case several conditions were incorporated in D-Form patta. One such condition is resumption for public purpose or breach of conditions etc. But, learned Assistant Government Pleader for Revenue could not bring to the notice of this Court whether incorporation of such conditions is based on any Government Order or amendment to the Andhra Pradesh Board Standing Orders. Consequently, imposition of condition No.17 on the beneficiary/assignee in D-Form patta i.e. petitioners herein is not in consonance with G.O.Ms.No.1142 Revenue dated 18.06.1954.