Government Of Andhra Pradesh vs Thummala Krishna Rao & Anr on 16 March, 1982
15. Learned Government Pleader appearing on behalf of the respondents contended that once the lands are assigned to weaker sections of the society, irrespective of the period from the date of assignment, the State is entitled to resume the lands for public purpose. Justifying this stand, he placed reliance on a decision of the Supreme Court in Government of Andhra Pradesh v. Thummala Krishna Rao, AIR 1982 SC 1082. I do not think this submission is tenable inasmuch as the law laid down by the Supreme Court in the above decision cannot be made applicable to the set of facts of this case. In the said decision, the Government land was encroached and the Supreme Court held that the Government is entitled to take possession of such land from the unauthorised occupants irrespective of the length of time from the date of such occupation. In this case, admittedly the lands were assigned by the Government to late B. Govindappa who is the father of the petitioner in the year 1960. The petitioner being the legal heir of his late father is enjoying the said land since the demise of his father. Nearly after 35 years from the
date of assignment, an attempt is made by the respondents to resume the lands by issuing the impugned proceedings under the guise that the said lands have been kept fallow and no agricultural activity is carried on it. It shall be remembered that the Government porambok lands which are converted into agricultural lands, owing to the failure of monsoon, remain fallow when no alternative irrigation facilities are available. The vagaries of monsoon are very well seen in Anantapur District which is one of the most drought prone districts in the Country. Therefore, even if the lands are found fallow at the time of inspection by the Mandal Revenue Inspector, it may be on account of failure of rainfall and the report of the Mandal Revenue Inspector cannot be the sole basis to resume the lands as the authorities have no knowledge about the local climatic conditions to reach to a conclusion that the lands are kept fallow and not being cultivated.