Pellurl Sridevi, W/o. P. Narsingrao v. State Of Andhra Pradesh, rep. By Its Principal Secretary, Revenue Department
2025-10-30
B KRISHNA MOHAN
body2025
DigiLaw.ai
ORDER : B.KRISHNA MOHAN, J. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. In all these Writ Petitions, the proceedings of the Mandal Revenue Officer, Guntur (5 th respondent) dated 10.05.2005 is under challenge. Under the impugned order of the 5 th respondent, the subject lands as detailed in the said proceedings were resumed on the ground of violation of the conditions of grant. 3. The impugned order of the 5 th respondent contains the table relating to the particulars of the original assignees, the survey numbers and the extents. According to it, different survey numbers are included dealing with different extents of lands. 4. According to the impugned order of the 5 th respondent dated 10.05.2005, the total extent of land assigned to the land less poor which was alienated is Ac.163.00 cents and as the assignees violated the conditions of the assignment, it was decided to resume the lands which were assigned previously to the land less poor and who alienated to the others. Accordingly, show-cause notices were issued in Mandal Revenue Office dated 02.06.2003 to the original assignees and some notices were served on the concerned and some were served by mode of affixing the show-cause notice to a stick in the related subject land as they are not available in the village and their whereabouts are not known. Since no explanations have been received from anyone within the stipulated time, the then Mandal Revenue Officer, Guntur passed an Order dated 17.06.2003, resuming the land from the assignees. But, as it was challenged by some of the aggrieved persons of the Anjireddy Nagar Welfare Association represented by its President by name Dr. B. Radha Krishna Murthy, R/o. Naidupet, II line, Guntur by way of Writ Petition No.2801 of 2004 and as per the Orders of the erstwhile High Court dated 22.03.2004 and in terms of the similar Orders passed in W.P.No.19961 of 2003, dated 09.01.2004, again the respondents therein issued notices as contemplated under Rule 3 of the Andhra Pradesh Assigned Lands (POT) Rules, 1977, before passing the Eviction Order against them. 5.
5. In pursuance of the Orders of the erstwhile High Court, individual show- cause notices (Form-I notice) were issued to the members of the petitioners’ association and others, who purchased the land to an extent of Ac.102.28 cents in Sy.No.60/3 etc., of Adavithakkellapadu under Section 3(2) of Andhra Pradesh Assigned Lands (POT) Act, 1977 and the Mandal Revenue Officer, Guntur, issued Rc.No.380/2003-D, dated 08.04.2005 to show-cause within fifteen (15) days on receipt of notices, as to why they should not be summarily evicted from the said assigned lands and as to why any crop or any other product raised on the land or any buildings or any structures erected or anything should not be forfeited. While referring to the said show-cause notice dated 08.04.2005, the Mandal Revenue Officer/5 th respondent also gave another tabulation in the said impugned order dated 10.05.2005 mentioning the village name, survey numbers, extent of land, occupiers details and extent of plots in respect of each occupier. 6. Ultimately, after inserting these two above said tabular forms, he observed that the show-cause notices (Form I notices) were served by affixing show-cause notices to a stick in the related subject land as their whereabouts are not known. Consolidated show-cause notices (Form I notices) were also published on the notice boards of the concerned Panchayat Office, MPDO Guntur and MRO, Guntur. The consolidated show cause notices (Form I notices) were also served to the petitioners’ association and Green City Colony. The Secretary, Anjireddy Nagar Welfare Association and representative of the Green City Colony have submitted explanations on behalf of their association members stating that the petitioners (members) are the absolute owners of the land mentioned in the notices and purchased the same for considerable amount through registrations. It is evident that the petitioners themselves admitted that they have purchased the assigned lands. Since these lands are assigned lands, purchasing of the same is prohibited under Section 3(2) of the Andhra Pradesh Assigned Lands (POT) Act, 1977 and any such transfers and acquisitions made in contravention of the provisions of the 3(1) (2) of the Act shall be deemed to be null and void. 7.
Since these lands are assigned lands, purchasing of the same is prohibited under Section 3(2) of the Andhra Pradesh Assigned Lands (POT) Act, 1977 and any such transfers and acquisitions made in contravention of the provisions of the 3(1) (2) of the Act shall be deemed to be null and void. 7. Observing the same, the 5 th respondent felt that the petitioners and others are not the original assignees and they acquired the assigned land allotted to the land less poor persons violating the Section 3(1) (2) of the Andhra Pradesh Assigned Lands (POT) Act, 1977 and therefore, they are liable for eviction from the lands assigned to the land less poor. Accordingly, ordered for eviction of the petitioners and others as mentioned above from the above said assigned lands. 8. Except this, the 5 th respondent did not go into the merits of the case, there is no enquiry forthcoming on reading of the said impugned proceedings dated 10.05.2005 and it does not disclose what are the individual submissions of group of persons and it is not clear when the assignments were made in respect of the subject plots originally either in terms of extents of agricultural land or in terms of the plots, what are the details of the subsequent purchasers through different registered sale deeds, if any, and if there are any subsequent alienations by way of allotments to other eligible beneficiaries pursuant to the impugned proceedings of the 5 th respondent dated 10.05.2005, all these details are not there on record and only on the mere submission said to have been made by the representatives of the Anjireddy Nagar Welfare Association and Green City Colony Association, as they have stated that their members purchased the plots/ the subject lands from the original assignees for a sale consideration through different registered sale deeds, it was presumed that the conditions of the provisions of the Andhra Pradesh Assigned Lands (POT) Act, 1977, were violated and as such, it appears that the 5 th respondent passed the above said impugned proceedings without there being any complete enquiry on this aspect. 9.
9. The Prayer sought in each Writ Petition is extracted hereunder: W.P.No.11724 of 2020: “.....to issue WRIT OF MANDAMUS or any other appropriate Writ, order or Direction to declare the action of respondents in deciding to assign the land held and possessed by us (Petitioners’), admeasuring an extent of Ac.4.92 cents covered by houses/house sites, in R.S. Nos.595/4B, 602, 603/1, 605/1, 606/2, 608/1, 614/1, 615/1, 615/2, 616/2, 617/1, 618/1 and 618/2 situated in Adivithekkallapadu village, Guntur Mandal, Guntur District, to the landless poor persons under the guise of ‘NAVARTNALU- PEDALANDARIKI ILLU program’, without giving notice/opportunity and without following the procedure established by law, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21 and 300 A of Constitution of India as also contrary to the provisions of POT Act, and consequently, command the respondents not to interfere with our peaceful possession and enjoyment including demolition of houses/house sites covered by the land admeasuring an extent of Ac.4.92 R.S.No.595/4B, 602, 603/1, 605/1, 606/2, 608/1, 614/1, 615/1, 615/2, 616/2, 617/1, 618/1 and 618/2 of Adivithekkallapadu village, Guntur Mandal, Guntur District in any manner, in the interest of justice and pass.....” W.P.No.14142 of 2020: “.....pleased to issue a Writ of Certiorari or any other appropriate writ, or order, or direction in the nature of a Writ, calling for records pertaining to the order of the 5 th respondent passed in his proceedings Rc.No.900/2003-D dated 10-05-2005 and quash the same as arbitrary, illegal, null, void, unjust and passed in violation of principles of natural justice, Article 300-A of the constitution of India, and the provisions of Act 9 of 1977, and consequently to direct the respondents not to assign the lands to the land less poor under the guise of ‘Navaratnalu-Pedalandariki IIla program' or any other program/scheme or interfere with the possession and enjoyment of the Petitioners in relation to Plot No’s. 9, 10, 27, 28, 29, 31, 32, 48, 54, 57, 58, 61, 62, 80, 81, 98, 109, 110, 111, 112, 113, 115, 116 of layout sanctioned by Adavithakellapadu Grampanchayat in Sy.
No’s. 615/1, 617/1, 616/2, 605/1, 614/1 of Adavithakkellapadu village, hamlet of Pedapalakaluru Village, Guntur Mandal and District and to.....” W.P.No.21951 of 2020: “.....pleased to issue a Writ of Certiorari or any other appropriate writ, or order, or direction in the nature of a Writ, calling for records pertaining to the order of the 5 th respondent passed in his proceedings Rc.No.900/2003-D dated 10-05-2005 and quash the same as arbitrary, illegal, null, void, unjust and passed in violation of principles of natural justice, Article 300-A of the constitution of India, and the provisions of Act 9 of 1977, and consequently to direct the respondents not to assign the lands to the land less poor under the guise of ‘Navaratnalu-Pedalandariki IIla program' or any other program/scheme or interfere with the possession and enjoyment of the Petitioners in relation to Plot No.6 in Sy. No.599/1; Plot No.3 in Sy.No. 595/4B; Plot No’s. 10,11, 12, 13,40, 48 &74 and 75 in Sy.
No.599/1; Plot No.3 in Sy.No. 595/4B; Plot No’s. 10,11, 12, 13,40, 48 &74 and 75 in Sy. No’s.602 & 603/1; Plot No’s 11, 11 31 606/2 & 603/1, Plot No. 5 in Sy.No. 614/1; Plot No’s 41 and 42 in Sy.No. 615/1; Plot No’s. 25, 26, 27, 28, 30, 37, 38, 39, 40, 71 and 72 in Sy.No. 615/2: Plot No’s 43, 44, 45, 76 of Sy.No. 616/2; and Plot No’s 18 and 19 in Sy.No. 618/1 of Adavithakkellapadu village, hamlet of Pedapalakaluru Village, Guntur Mandal and District and pass.....” W.P.No.10483 of 2021: “.....pleased to issue a Writ of Certiorari or any other appropriate writ, or order, or direction in the nature of a Writ, calling for records pertaining to the order of the 5 th respondent passed in his proceedings Rc.No.900/2003-D dated 10-05-2005 and quash the same as arbitrary, illegal, null, void, unjust and passed in violation of principles of natural justice, Article 300-A of the constitution of India, and the provisions of Act 9 of 1977, and consequently to direct the respondents not to assign the lands to the land less poor under the guise of ‘Navaratnalu-Pedalandariki Illa program or any other program/scheme or interfere with the possession and enjoyment of the Petitioners in relation to Plot No’s 1, 2 in SY No. 615/2, Plot No. 1, 2, 3 in Sy No. 614/1, Plot No. 47, 48, 17, 18 in Sy No. 605/1, Plot No. 38 and 51 in Sy No. 608/1 of layout sanctioned by Adavithakellapadu Grampanchayat in Sy, No’s 614/1, 615/2, 605/, 618/2, 608/1 of Adavithakkellapadu village, hamlet of Pedapalakaluru Village, Guntur Mandal and District.....” 10. The learned counsels appearing for the petitioners submits that the respondent authorities concerned, specifically the 5 th respondent failed to issue Form I and Form II notices to all the eligible persons/ the original assignees/ subsequent purchasers/ alienees/ other beneficiaries and in the absence of following the procedure contemplated under law for conducting enquiry before passing any Resumption Orders, the 5 th respondent straight away, in a very cryptic manner passed the above said impugned orders only mentioning the two above said tables as detailed in the above said impugned order, which does not amount to the compliance of law. 11.
11. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the show-cause notices were issued to some of the available persons and as the majority of the persons are not available and as their addresses were not known, the notices were affixed to the stick in the related subject land but the proof of the same is also not forthcoming as per the record. 12. She is also unable to assist this Court with respect to the details of the original assignments made, the details of the subsequent purchasers and their nature of rights and their documents relating to it and subsequent land assignments, if any, made, all those details are not being available and as they are not referred to in the impugned proceedings, she is unable to say anything on it. 13. The learned counsel appearing for the unofficial respondents submits that pursuant to the impugned proceedings of the 5 th respondent dated 10.05.2005, the subsequent alienations by way of allotments to the different eligible beneficiaries in the year 2009 and 2010 itself were occurred and some of them are in possession of the same in different subject extents. But the same is disputed in reply by the learned counsel for the petitioners. Only an effort was made by the State for the purpose of implementation of the Welfare Scheme of Housing in the year 2020, then the petitioners became alert and filed this Writ Petition questioning the proceeding of the 5 th respondent dated 10.05.2005. 14. In reply, the learned counsel for the petitioners also submits that some of the petitioners and other persons who are similarly situated, approached the Civil Court questioning these proceedings but, as it has no jurisdiction, the Civil Court did not go into the merits of the case and as such, some time was lapsed in between and as such, there was little delay and that too, when there is a cause of action under the guise of Navaratnalu Welfare Scheme and as it was an appropriate stage, the petitioners filed this Writ Petition questioning the proceedings of the 5 th respondent 10.05.2005 since it is only the appropriate remedy for the Writ Petitioners to seek redressal from this Court under Article 226 of the Constitution of India. 15.
15. In view of the above said facts and circumstances, this Court does not find any latches or delay in approaching this Court to assail the proceedings of the 5 th respondent dated 10.05.2005. However, as discussed above, as the impugned proceedings do not contain any merits of the case and as admittedly the different persons interests are involved, this Order of the impugned proceedings of the 5 th respondent is liable to be set aside enabling the 5 th respondent to conduct a fresh enquiry by initiating fresh proceedings strictly in accordance with law, by giving due opportunity to all the parties concerned including the petitioners, the unofficial respondents and other persons, whose interests are involved with respect to the subject extents in subject survey numbers covered in the impugned proceedings of the 5 th respondent dated 10.05.2005 and for which the notices required under the law shall be issued to all the persons who are going to be affected and after giving due opportunity to submit their explanations and after giving due opportunity of personal hearing to all the persons concerned, upon verification of the records and the subject lands, appropriate decision shall be taken on its own merits with respect to the subject lands either for resumption or for passing any other suitable orders as it deems fit and necessary in the public interest. 16. Pending the above said enquiry, there shall be an Order of Status-quo as on today to be maintained with respect to the subject lands covered under the impugned proceedings of the 5 th respondent dated 10.05.2005 and the whole exercise shall be completed within a period of four (04) months from the date of receipt of this order. Any subsequent allotments would be subject to the outcome of the fresh enquiry proceedings of the 5 th respondent as directed above. 17. Accordingly, these Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed.