RAMBAGH SATYANARAYANA Vs. JOINT COLLECTOR

JUDGEMENT

(1.) The petitioners, who are 10 in number, filed this Writ Petition challenging the order of the Joint Collector, Ranga Reddy District, 1st respondent herein, made on 22-1-1997 in Case No.DS 75347/94.

(2.) The petitioners are residents of Petbasheerbad village, Quthbullahpur Mandal, Ranga Reddy District. Petitioners 6, 7 and 10 are the original assignees and petitioners 1 to 5, 8 and 9 are the legal heirs of some other original assignees. Their case is that they, along with another 35 persons of their village, who are landless poor persons, were assigned agricultural land to the extent of Ac.3.23 guntas each in Survey No.25/1 of Petbasheerbad village, Quthbullapur Mandal, in the year 1955 by the then Tahsildar, Medchal taluk and the names of the assignees were shown as pattadars and possessors in the Pahani till the year 1983-84. Thereafter their names were deleted and the names of some other people were entered in the revenue records. Having realized the said fact, the petitioners filed an application before the District Collector, Rangareddy District, on 15-3-1994 requesting him to take action under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act') and to restore the land to them. When there was no response to that request, the petitioners filed Writ Petition No.11113/94. It appears that the said writ petition was disposed of on 26-3-1994 directing the Joint Collector, 1st respondent herein, to enquire into the matter. Pursuant to the said direction, the 1st respondent conducted an enquiry, gave full opportunity to the petitioners and respondents 6 to 11 herein, who were represented by their Advocates, and on elaborate consideration of all the aspects found that the land admeasuring Ac.242.27 guntas in Survey No.25 of Petbasheerbad village was classified as "kancha". Out of which, an extent of Ac.160.35 guntas was assigned to 45 individuals at Ac.3.23 guntas each by the then Tahsildar, Medchal taluk in pursuance of the Government Order Nos.9384 and 9385, dated 1-12-1954, pattas were also granted to them and necessary entries were made in the revenue records in the year 1960. Subsequently, Sri Burre Mallaiah and 24 others filed a petition before the Collector, Hyderabad District, on 28-10-1965 seeking permission to sell the land assigned to them in Survey No.25/1 of Petbasheerabad village, Medchal taluk in favour of Co-operative Industrial Estate, Hyderabad (for short 'the Estate'). The Collector granted permission under Section 58-A of the Hyderabad Land Revenue Act to the assignees to sell the assigned land in favour of the Estate. Thereafter, the assignees sold the assigned land to the Estate under a registered document dated 1142-1965. Out of the land purchased by the Estate, an extent of about Ac.38.00 guntas was allotted by the Estate to respondents 6 to 11 herein by means of registered allotment deeds dated 3-8-79 and 6-8-79. Thereafter necessary entries were made in Jamabandi during the year 1984. Having thus found the correct facts relating to the case, the 1st respondent rejected the petitioners' request holding thus:-

(3.) Challenging the aforementioned order, Counsel for the petitioners, Sri U.S.R. Murthy, submits that: (a) the 1st respondent has committed a grave error in rejecting the request of the petitioners, (b) the 1st respondent ought to have seen that the permission granted by the Collector, Hyderabad District, in 1965 itself is illegal as alienation of the assigned land is prohibited under the Act and the Act is retrospective in operation as declared by a Full Bench of this Court in Dharma Reddy vs. Sub-Collector, Bodhan; and (c) therefore, the 1st respondent ought to have restored the land to the petitioners under Section 4 of the Act irrespective of the delay. In support of his last contention, the learned Counsel for the petitioners relied upon the decision of a learned single Judge of this Court in Majjari Pullanna vs. Sub-Collector, Nandyal.