R.BHASKARA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The two petitioners herein seek a Writ of Mandamus for declaring the action of the respondents in interfering with their possession of land admeasuring Ac. 18.00 situate in Sy. No. 307 of Gajularamaram Village, Qutbullahpur Mandal, Ranga Reddy District, on the basis of a Panchanama prepared by the Mandal Revenue Inspector, Qutbullahpur Mandal, Ranga Reddy District on 20.08.2007 as illegal and without jurisdiction and also for declaring the Panchanama prepared by the fifth respondent on 20.08.2007 together with the sketch enclosed thereto as arbitrary and illegal. The case of the petitioners is that, Sri P. Narsimha Reddy and his brother Sri P. Seetharam Reddy were originally the owners of land admeasuring Ac. 82.68 cents in Sy. No. 307 of Gajularamaram Village, Qutbullahpur Mandal, Ranga Reddy District. In accordance with and in terms of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, Sri P. Seetharam Reddy and his son Sri R. Venkata Narsimha Reddy filed a declaration in CC. No. 178/M/75 and CC. No. 141/M/75 respectively in respect of land of an extent of Ac. 41.34 cents out of Ac. 82.68 cents held by their family, representing one half, situate in Sy. No. 307 of Gajularamaram Village, Qutbullahpur Mandal, Ranga Reddy District. Though, the declaration also included, some other extents of land, we are not concerned with those lands in the present case. The third respondent, the Additional Revenue Divisional Officer, Land Reforms, Ranga Reddy East Division passed an order on 28.10.1976 setting out Sri P. Seetha Ram Reddy and his son Sri R. Venkata Narsimha Reddy as non-surplus land holders and hence the land in Sy. No. 307 of Gajularamaram Village to the extent of Ac. 41.34 cents falling to the branch of Sri P. Seetha Ram Reddy stands unaffected by the provision contained in A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973.

(2.) The other branch of Sri P. Narsimha Reddy and his son Sri P. Anji Reddy filed declarations in CC. No. 140/M/75 and CC. No. 179/M/75 in respect of the other half of land held and owned by them in Sy. No. 307 of Gajularamaram Village. On 30.10.1976. the Land Reforms Tribunal held that Sri P. Narsimha Reddy and his son Sri P. Anji Reddy were holding surplus land beyond the permissible ceiling limit imposed by the first Land Reforms Act, 1973. As a consequence of this declaration, Sri P. Narsimha Reddy and his son Sri P. Anji Reddy surrendered land admeasuring AC. 38.26 cents out of Ac. 41.34 cents held by them in Sy. No. 307 of Gajularamaram Village and a certificate in Form-X dated 11.01.1977 was issued evidencing the said surrender.

(3.) On 01.06.1989, Sri P. Venkat Narsimha Reddy, son of Sri P. Seetha Ram Reddy executed and registered general power of attorney in favour of the first petitioner herein namely Sri R. Bhaskara Raju, authorizing him to sell away or deal with the land admeasuring Ac. 4.00 cents, out of the land that fell for his share in the manner considered appropriate by the first petitioner. Sri P. Venkata Narsimha Reddy has also agreed to sell land of an extent of Ac. 10.00 in the same survey number to the first petitioner and after receiving the entire sale consideration amount, executed a registered general power of attorney bearing document No. 1538/89 in respect of the Ac. 10.00 of land, authorizing Sri N. Purnachander Rao and another to execute and register regular sale deed either in favour of the first petitioner herein or any of his nominees. On 11.12.1989, through a registered sale deed bearing document No. 9200/89, Sri P. Venkata Narsimha Reddy sold another extent of Ac. 4.00 situate in Sy. No. 307 of Gajularamaram Village. On 06.02.1990, the first petitioner and the general power of attorney holders of Sri P. Venkata Narsimha Reddy sold land of an extent of Ac. 4.00 in favour of the second petitioner herein. By another sale deed bearing document No. 15388/89, sold another extent of Ac. 5.00 to the second petitioner. The balance Ac. 5.00 acres of land was sold to the first petitioner on 03.07.1990. Thus, both the petitioners herein have been in possession of the land of an extent of Ac. 18.00 in Sy. No. 307 of Gajularamaram Village in their own right. The Assistant Director of Mines and Geology, Hyderabad, through his proceedings dated 21.05.1993 granted lease hold rights for quarrying building stone and road metal in an extent of Ac. 4.00 situate in Sy. No. 307 of Gajularamaram Village. The second petitioner has leased out his land of Ac. 9.00 situate in the same survey number for running the stone crushing unit by the first petitioner herein. After obtaining electric energy connection on commercial basis, the first petitioner was running stone crushing unit in the name of Mechanised Aggregate Industries. The first petitioner has also obtained a domestic service connection for the office rooms and the watchman quarters run in the said land.