CHAVALI ANJANA DEVI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners filed this writ petition seeking a writ in the nature of Mandamus assailing G.O.Rt.No. 120, Irrigation and Command Area Development (PW.NSP) Department dated 17-2-1999 issued by the first respondent as illegal and for a direction to implement the orders in G.O.Rt.No. 1483, Revenue (LA) Department dated 29-11-1995 issued by the 2nd respondent.

(2.) Head Sri M.V.S. Suresh Kumar, learned counsel appearing for the petitioners and the learned Government Pleader for Land Acquisition, appearing for the respondents.

(3.) The petitioners claim that one Kotari Venkateswarlu, the father of the petitioner No. (1), Kotari Venkataramaiah, the father of the Petitioners 2 to 6 and Smt. Chavali Ramanamma, the mother of the Petitioners 7 to 11 were the absolute owners and possessors of the land in Sy.No. 82/1B2 admeasuring Ac. 10.98 Cents situated at Mamidipalem Village, Ongole Mandal, Prakasam District. The said land was acquired for the purpose of construction of Circle Camp Colony for Nagarjunasagar staff during the year 1971 and accordingly an Award No. 78/1972 was passed. Further, the said land was leased out in their favour in the year 1972 and since then they have been in possession and enjoyment of the same. In the meanwhile, the Chief Engineer, Nagarjunasagar Project, vide his letter bearing No. 16533(T&I) 59, dated 28-11-1981 informed the Collector, Prakasam District, Ongole, that the above land was not required by them and that they have no objection for alienation of the same. Meanwhile, as against the issuance of notice for cancellation of lease, a writ in Writ Petition No. 8328 of 1982 was filed challenging the same and obtained stay of dispossession on 23-11-1982. However, the said writ was dismissed later. Having regard to the same, petitioner No. (1), father of Petitioners 2 to 6 and mother of the Petitioners 7 to 11 filed an application before the District Collector, Ongole on 27-10-1986 for reconveying the land as per Board Standing Order No. 90 P/Paragraph 32(3) thereof. Since the said application remained unconsidered for quite a long time, petitioners filed Writ Petition No. 1802 of 1987, wherein this court as per orders dated 1-6-1987 directed the 3rd respondent to dispose of the application dated 27-10-1986 of the petitioners within four weeks from the date of receipt of the order. Thereupon, the 3rd respondent passed orders on 4-7-1987 rejecting the application of the petitioners on the ground that it is filed beyond twelve years. Again petitioners filed Writ Petition No. 10921 of 1987 challenging the said orders and this Court, by order dated 7-10-1994, directed the 3rd respondent to dispose of the representation of the petitioners in terms of Clause (3) of Paragraph 30 of Board Standing Order No. 90, without reference to the bar of limitation. According to the petitioners, on 7-12-1994 they have repaid the compensation amount to the third respondent under a pay order but the same was returned to the petitioners. When no action was forthcoming from the 3rd respondent, petitioners issued a legal notice on 22-5-1995 to the third respondent and since no orders are passed, petitioners filed Contempt Case No. 706 of 1995. Subsequently, the first respondent issued G.O.Rt.No. 1483, Revenue (L.A.) Department dated 29-11-1995 directing the third respondent to reconvey the land in favour of the petitioners. Subsequently the respondents have issued G.O.Ms.No. 75, Revenue (L.A.) Department, dated 23-1-1996 keeping the said orders issued in G.O.Rt. No. 1483, Revenue (L.A.) Department dated 29-11-1995, in abeyance pending further decision in the matter. This was challenged by the petitioners in Writ Petition No. 26505 of 1997 and the said writ petition was allowed by this court on 3-3-1999. Questioning the said order, the respondents filed Writ Appeal No. 1219 of 1999. During the course of hearing of the writ appeal, the learned counsel for the respondents herein brought to the notice of this Court that G.O.Rt.No. 120 dated 17-2-1999 was issued by the Government cancelling G.O.Rt. No. 1483, dated 29-11-1995, which was not brought to the notice of the learned single Judge. In those circumstances Writ Appeal No. 1219 of 1999 was disposed of by this court on 23-1-2002 setting aside the order of the learned single Judge in Writ Petition No. 26505 of 1997 giving liberty to the petitioners to question G.O.RtNo. 120 dated 17-2-1999. Therefore, petitioners filed the present writ petition.