M.RAJAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In both these writ petitions, the challenge is to the orders passed by the Government in Revenue Department, in G.O.Ms. No. 1240, dated 27.09.2010. Through the said order, the 1st respondent transferred Acs. 5.46 cents of land in survey Nos. 251/2, 252/2 of Greamspet Village, Chittoor Mandal and District, in favour of the Deputy Transport Commissioner, Chittoor, for construction of a Scientific Driving Track. The petitioners submit that the land in survey No. 251/2 admeasuring Acs. 6.47 cents was owned by Gongireddy Achamma and her son - Gongireddy Raghava Reddy, and that the same was purchased by Sri N. Gopalakrishnan, through a sale deed, dated 26.06.1961. It is also stated that the land in survey No. 252/2 admeasuring Acs. 9.10 guntas of the said village, was held by one Sri S.M. Nizamuddin, a retired CID Officer, since 1942 onwards, and he too sold that land in favour of N. Gopalakrishnan, through a sale deed, dated 19.05.1961. Gopalakrishnan is said to have prepared a layout for both the extents and got approval from the Sarpanch of the Grampanchayat, on 25.06.1981. The petitioners and certain others purchased plots of different sizes from out of the layout, mostly in the year 1981 and in the recent past. The grievance of the petitioners is that though the land in the form of plots is under their enjoyment for the past several decades, the 1st respondent issued the impugned G.O., allotting the land to the Transport Department for establishment of a driving track.

(2.) The petitioners submit that no proceedings were initiated under the Land Acquisition Act, 1894 (for short 'the LA. Act') and that the land was not assigned at any point of time. They further plead that, even if there existed any assignment, it was much before the year 1954, and since there was no condition prohibiting alienation, it could not have been resumed under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act'). Other contentions are also urged.

(3.) On behalf of respondents, the Tahasildar, Chittoor Mandal, filed a detailed counter-affidavit. He submits that an extent of Ac. 0.13 cents of land in survey No. 251/2 was assigned to Thulasi Naidu and Acs. 5.00 in that very survey number to Sri Annamalai in the year 1957 and 1958, respectively. It is also stated that Ac. 1.50 cents in survey No. 252/1 was assigned to one Sri Gopalan in the year 1973 and Acs. 9.10 cents in that survey number was assigned to Shaik Nizamuddin, in the year 1953. He has also stated that since the land was found not under cultivation from the date of assignment, notices under Section 3 of the Act were issued on 16.08.2009, through substituted service, and since no explanation was forthcoming, orders of resumption were passed on 09.09.2009. The Tahasildar stated that the resumed land was handed over to the Superintendent of Police and the Deputy Transport Commissioner for construction of their office buildings. According to him, the so-called purchases made by the petitioners are untenable and contrary to law and that the petitioners do not have any right over the land.