LAWS(APH)-2010-8-17

MADAKA SAVITRI Vs. DISTRICT COLLECTOR KRISHNA DISTRICT

Decided On August 20, 2010
MADAKA SAVITRI Appellant
V/S
DISTRICT COLLECTOR, KRISHNA DISTRICT Respondents

JUDGEMENT

(1.) Both these writ petitions are being disposed of by this common order, as the background of both the cases is the same.

(2.) The Petitioners are residents of Kaikaluru in Krishna District. Statedly they are agriculturists. Feeling aggrieved by the proceedings of the Tahsildar, Kaikaluru, directing resumption of the land in their possession in purported exercise of the powers under Section 4(1)(a) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (the Act), they filed these writ petitions. Initially, by order dated 28.2.2008, both the writ petitions were disposed of, giving liberty to Petitioners to prefer appeal under Section 4A(1) of the Act. Subsequently, review petitions by Petitioners were filed and that is how writ petitions are set down for hearing again.

(3.) The Petitioner in W.P. No. 628 of 2008 was assigned land admeasuring Acs.2.11 in S. Nos. 67/2A, 3A and 4A situated at Kaikaluru, vide D-Form patta L.D. No. 386 of 1393 Fasli, dated 22.6.1983. The Petitioner allegedly in possession and has been cultivating the land. The Tahsildar - third Respondent; issued impugned order dated 06.10.2007, which is to the effect that during verification, it was found that subject land was assigned to somebody and that Petitioner was found to be in possession of the land having purchased the same in contravention of Section 3(1) of the Act and, therefore, the land has to be resumed, after allowing the occupant to remove the crop raised on the land.