ALAVALA VEERA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition under Article 226 of Constitution of India is filed to issue a Writ of Mandamus, questioning the impugned notice in Rc.B/219/2019, dt.3/9/2019 and orders in Rc.A/219/2019, dt.23/9/2019 of Tahsildar, the 3rd respondent herein in respect of lands measuring Ac.1.50 cents in Sy.No.513/2, Ac.0.50 cents in Sy.NO.513/2, Ac.2.00 cents in Sy.No.513/6, Ac.1.76 cents in Sy.No.513/7, and Ac.0.71 cents in Sy.No.427/4 of Reddygudem Village and Mandal, Krishna District, without following due process of law, declare the same as illegal and arbitrary, consequently set aside the impugned proceedings.

(2.) The petitioners herein are owners and possessors of subject lands having purchased them under registered sale deeds. Recognizing their ownership, the Tahsildar, Reddygudem Mandal issued Pattadar pass books, title deeds, 1-B register and adangals. They raised mango garden and paddy crop in the subject matter lands. While so, the Tahsildar issued impugned notice alleging violation of provision under Sec. 3(2) of 1977 Act. After receiving proceedings, the petitioners approached the Tahsildar and requested to furnish a copy of deed of assignment as the proceedings issued to them, does not show that the subject lands are assigned with a condition of non-alienation. Then, the Tahsildar informed them that the land is required for allotting of house sites to the landless poor along with other lands in the village and they are resuming the entire assigned lands in the village. Then, the petitioners requested not to resume their lands, as they are also landless poor. The petitioners also submitted their explanations to the Tahsildar. But, the Tahsildar passed resumption orders with ante date by holding that the explanations have not been received within stipulated time. Therefore, notice itself is illegal. The petitioners also contended that no notice was served on them either in Form-I or Form-II, but third respondent passed impugned order, without following procedure prescribed under law, and requested to set aside the same.

(3.) Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue (Assignments).