SABBAVARAPU APPANNA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dtd. 19/12/2007, passed in W.P.No.2985 of 2003 and W.P.Nos.16078, 17626, 20308 and 24528 of 2007, by the petitioners of W.P.No.2985 of 2003, challenging dismissal of the Writ Petition.

(2.) The case of the writ petitioners is that they were given individual orders of allotment of the land, totally admeasuring Ac.30.74 cents in Sy.No.56(1) and (2) of Aganampudi village, Gajuwaka Mandal, Visakhapatnam District, by the Tahsildar, Anakapalli, vide proceedings dtd. 12/5/1977 in exercise of powers under Sec. 10(2) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "the 1973 Act ) and they were required to pay stipulated amount within a period of 15 years. They had paid the total amount by the year 1992 and, thus, they have absolute and unfettered right and ownership over the land, which is not fit for cultivation as it consists of uneven contour and big rocks. Their pattas were cancelled by the proceedings of the 1st respondent, dtd. 30/11/1993 on the ground that the land had not been cultivated and Writ Petition being W.P.No.6998 of 1999 having been filed challenging the cancellation of allotment, the same was allowed by this Court by judgment dtd. 8/8/2001.

(3.) The present Writ Petition came to be filed, challenging the notice dtd. 25/1/2003, issued by the 1st respondent in exercise of powers under Sec. 14 (5) of the 1973 Act, asking the petitioners to show cause within a period of 30 days from the date of communication of the notice, as to why he should not order resumption of the land referred to in the two documents as indicated in the notice, by forfeiting of the amount paid in terms of Sec. 14 (2) of the 1973 Act, by virtue of and in accordance with the provisions contained in Sec. 14 (5) of the 1973 Act, read with Rule 10 (5) of the Rules made.