M JAGANATH REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a Mandamus to declare G.O.Ms. No. 18, Industries & Commerce (INF) Department, dated 4-2-2003, issued by respondent No. 1 permitting allotment of land admeasuring Ac.31.605 guntas situated at Ramachandrapuram, Medak District, to respondent No. 5, as illegal. The petitioners also sought for a declaration that the failure of respondent No. 1 to consider their representation, dated 18-8-2003, for re-conveyance of the land admeasuring Ac.9.38 guntas in Survey Nos. 267, 268 and 280 to the petitioners, as illegal.

(2.) I have heard Sri Ch. Ramesh Babu, learned Counsel for the petitioners; the learned Government Pleader for Industry representing respondent No. 1; and Sri B.P. Mohan, learned Standing Counsel representing respondents 2 and 3.

(3.) Respondent No. 1 acquired huge extents of land for establishment of a factory, buildings, township, schools etc., for Bharat Heavy Electricals Limited (for short "the BHEL"). An extent of Ac.30.00 belonging to the father of the petitioners was also acquired for that purpose. Award bearing No. H/386/61 dated 12-2-1963, was passed and compensation was received under the said award by the petitioners' father. According to the petitioners, after utilizing the major portion of the land, acquired for the above mentioned purpose, an extent of Ac.458.00 was left unutilized. Out of the said land, an extent of Ac.235.00 was permitted to be utilized by the BHEL for the purpose of providing houses to its employees, subject to its surrendering the balance extent of Ac.223.00 to respondent No. 2 for construction of multi-storied buildings for housing the industrial workers other than the workers of the BHEL. Accordingly, the said land was surrendered to respondent No. 2. It is further averred that on a request made by the BHEL, the State Government permitted respondent No. 2 to retransfer Ac.140.20 guntas of land on payment of market value of Rs. 1,500/- per acre plus 15% additional amount under G.O.Ms. No. 420, Industries & Commerce (INF) Department, dated 24-12-1993; and that out of the remaining Ac.82.20 guntas of surplus land available with respondent No. 2, it has sold Ac.11.70 guntas in favour of M/s. Brindavan Gas Service, Sri Ganapati Sachitananda Ashram, Sri Vasavi Kanyaka Parameshwari Arya Vysya Sangh and Rythu Bazar, in violation of G.O.Ms. No. 278, Industries & Commerce (INF) Department, dated 19-6-1985. It is further averred that respondent No. 1 issued G.O.Ms. No. 18, dated 4-2-2003, granting permission to respondent No. 2 to allot the balance extent of Ac.71.00 of land to the Housing Societies of BDL and BHEL; and that, on the basis of the said allotment, respondent No. 3 issued letter, dated 14-5-2003, allotting Ac.31.605 guntas to respondent No. 5, while allotting the balance land to the BHEL House Building Society. According to the petitioners, out of the said extent of Ac.31.605 guntas, an extent of Ac.9.38 guntas was acquired from their father and, as such, the said transfer was in violation of the provisions of Section 54 of the A.P. (Telangana Area) Land Revenue Act, 1317 Fasli (for short "the 1317 Fasli Act"), Standing Order No. 90(32) of the Andhra Pradesh Board Standing Orders (Land Revenue, Settlement and Miscellaneous) (for short "the Standings Orders"), Section 19(2) of the Andhra Pradesh Urban Areas (Development) Act, 1975 (for short "the 1975 Act") and Articles 14, 19(1)(g) and 300-A of the Constitution of India. The petitioners also relied upon the Division Bench Judgment of this Court in Government of Andhra Pradesh v. Syed Akbar, 1999 5 ALT 202 (DB).