MUPPALANENI SRINIVASA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of writ petitions, common question of fact and law arise. Hence, they are disposed of through a common order. The petitioners have purchased various extents of lands in different sub-divisions of Survey No. 1397 of West Baptla Revenue Village, Guntur District. Alleging that the lands purchased by the petitioners were assigned to various individuals and that the petitioners purchased the same in contravention of Section 3 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short 'the Act'), the Tahasildar, Baptla - the 4th respondent issued notices in Form-II prescribed under the Act to the petitioners. They were required to submit explanation within fifteen days as to why they should not be summarily evicted from the land with the buildings, if any, and the same be, not resumed to Government.

(2.) The petitioners submitted individual explanations. According to them, the land was not assigned in nature, and that clear recitals were made in the respective sale deeds to the effect that the lands are not assigned. It was further pleaded that no objection was raised by the Sub-Registrar when the sale deeds were registered. They have also pointed out that while recognizing the title, the Tahsildar has issued Pattadar Passbooks and title deeds, and that the proceedings are untenable. The invocation of the provisions of the Act was also questioned, stating that there did not exist any condition prohibiting alienation, even if the lands were assigned in nature.

(3.) Not satisfied with the explanation submitted by the petitioners, the 3rd respondent passed separate orders of resumption on 18-05-2007. The petitioners filed appeals before the Revenue Divisional Officer, Tenali, 3rd respondent herein. The appeals were dismissed through orders, dated 15-03-2010. Thereupon, the petitioners filed revisions before the Joint Collector, Guntur, 2nd respondent herein. Through a common order, dated 29-03-2012, the 2nd respondent dismissed the revisions. The petitioners availed the remedy of further revision to the Government, 1st respondent herein. The revisions were also dismissed through order, dated 26-07-2012. Hence, this batch of writ petitions.