M.RADHA KRISHNAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) M. Radha Krishnaiah and three others filed this writ petition under Article 226 of the Constitution of India questioning the action of respondent No.3 in issuing the impugned proceedings No.D.Dis(E4)/REV- ESECOLAS(APL)/48/2020 dated 02.01.2021 canceling the DKT pattas issued in favour of the petitioners vide its file No.260/4/91 dated 05.09.1983, 263/4/91 dated 17.05.1982, 260/4/91 dated 17.05.1982 and 259/4/1991 dated 17.05.1982 without any authority and on flimsy grounds while exercising power under Board Standing Order No.15 (paragraph 18) and declare the same as illegal, arbitrary and violative of principles of natural justice and Articles 14, 15, 16, 21 and 300-A of the Constitution of India, consequently direct the respondents not to dispossess the petitioners from their land situated in Survey Nos.387/2, 387/1, 385/3 and 385/1 to an extent of Ac.3.62 cents, Ac.3.62 cents, Ac.2.90 cents and Ac.2.90 cents of land at Kannavaram village of Satyavedu Mandal of Chittoor District except in accordance with law and subject to payment of compensation under Fight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(2.) The petitioners are poor people belonging to the weaker sections.

(3.) Having considered their poverty, the 5th respondent had allotted the subject land to the petitioners and granted DKT pattas in their favour since the year 1981 onwards. Since the date of assignment of land by issuing DKT pattas, the petitioners are in continuous possession and enjoyment of the said land cultivating the same by raising different crops. The 5th respondent issued pattadar pass books in favour of the petitioners and their names were also mutated in the revenue records. Form 1B register, adangal pahani also disclosed the names of the petitioners being the owners and that the petitioners are in peaceful possession and enjoyment of the property cultivating the land since the date of assignment. As such, their possession cannot be disturbed.