N RADHAMMA Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) Gram Swarajya Cooperative Joint Farming Society Limited was formed with 22 members, including the petitioners herein, in the year 1975, in Kurnool District. All the members were assigned the Government land of 5 acres each, in Sy.Nos.277, 331/1, 331/2, 343 and 344 of B. Thandrapadu Village, which is in the outskirts of Kurnool town. The petitioners state that they dug wells and brought the lands under cultivation by incurring huge expenditure. It is stated that when the then Tahsildar, Kurnool, the 4th respondent herein cancelled the assignments through orders dated 07-10-1988, alleging that the lands were not brought under cultivation, appeals were filed before the Revenue Divisional Officer, Kurnool, the 3rd respondent, and that they were allowed, through orders dated 04-12-1988. Revisions filed by the 4th respondent before the District Collector, the 2nd respondent, are said to have been rejected, on finding that the lands were brought under cultivation, and that the inspection was made, by the Tahasildar, almost in the midsummer. The petitioners state that the assignment was almost in the form of recognition, of their services to the Khadi Grama Swarajya Sangham since they were paid a meagre salary of Rs.100/- per month. Recently, the lands of the petitioners were taken over by the respondents for the purpose of constructing houses under Rajiv Gruha Kalpa Scheme. The petitioners, however, were not paid any ex gratia. They made several representations to the respondents. Since nothing was forthcoming, they approached this Court by filing the writ petition. They seek a Writ of Mandamus to declare the resumption of their lands, by the respondents, without paying ex gratia, as illegal, arbitrary and unconstitutional, and to direct the respondents to pay them the ex gratia, at the prevailing market value.

(2.) The 4th respondent filed a counter-affidavit, on behalf of himself and respondents 2 and 3. He states that the orders of assignment issued in favour of the petitioners were cancelled vide proceedings dated 31-08-1988, on the ground that they did not bring the lands under cultivation. It is also stated that though show cause notices were issued, none of the petitioners have responded. The Collector is said to have submitted proposals on 26-11-2008, for allotting the land to the Rajiv Gruha Kalpa Project. It is further stated that the claim of the petitioners for payment of ex gratia is untenable.

(3.) Learned counsel for the petitioners submits that his clients have not only cultivated the land, but also developed it, and dug wells by incurring huge expenditure. He contends that when the 4th respondent issued orders of resumption in the year 1988, alleging that the land was not under cultivation, the appellate authority, the 3rd respondent recorded a clear finding to the effect that the lands were brought under cultivation, and the orders of resumption were set aside. Learned counsel submits that the 2nd respondent has also made extensive observations, in the revision indicating the nature of enjoyment of the land. He contends that the 4th respondent has passed the alleged orders of resumption in utter violation of law, and with the sole objective of making available the land, for housing scheme. He submits that though the 2nd respondent himself observed earlier, that the petitioners re residents of Kurnool town, which is in the immediate neighbourhood of the lands, the notice as well as the proceedings were not served, with a malicious intention.