KAMBALA SESHARATNAM Vs. A P BHOODAN YAGNA BOARD,

JUDGEMENT

(1.) THOUGH reliefs sought are different, the subject -matter is common and both the writ petitions are between the same parties. Hence they are heard together and decided by this common order. The petitioners are the sons and daughter of one Penkey Raghavulu who is stated to have purchased the land admeasuring Ac.9 -51 cents in Sy.Nos.276/8, 276/23, 278/1 and 278/1 -3 of Ramanaiahpeta Village of Kakinada Rural Mandal, East Godavari District in the year 1962. It is pleaded that on the death of their father on 5.5.2010 the petitioners have succeeded to the said property and have been continuing in possession and enjoyment of the same.

(2.) HOWEVER , A.P. Bhoodan Yagna Board (for short, Bhoodan Board) claimed that the said land was donated to Bhoodan Board in the year 1964 by one Paida Suryanarayana Murthy and that the petitioners had illegally occupied the said land. At the instance of the Bhoodan Board when the resumption proceedings were initiated in the year 2007 under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, Assigned Lands (POT) Act, 1977), the petitioners herein filed W.P. No. 10286 of 2007 and etc. The said writ petitions were allowed by this Court by common order dated 28.01.2009 and the show -cause notices issued by the Mandal Revenue Officer under the Assigned Lands (POT) Act, 1977 were set aside. Thereafter, the petitioners made applications for grant of pattadar pass books and title deeds in respect of their respective extents. Alleging that the 4th respondent failed to consider their request, the petitioners filed W.P. No. 11765 of 2010 seeking a Mandamus declaring the inaction on the part of the respondents in issuing the pattadar pass books and title deeds to the petitioners in respect of Ac.9 -51 cents of land is arbitrary and illegal apart from being contrary to the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, ROR Act).

(3.) THE petitioners have also filed W.P. No. 19601 of 2010 seeking a declaration that the inaction on the part of the A.P. Bhoodan Yagna Board in denotifying the above said Ac.9 -51 cents of land in terms of the proceedings of the Revenue Divisional Officer, Kakinada, dated 14.07.2010 is arbitrary and illegal.