M PRASAD BABU Vs. DISTRICT COLLECTOR ANANTHAPUR DISTRICT

JUDGEMENT

(1.) The petitioners contend that the land in survey No.23-1A of Kakkalapalli Village. Anantapur Mandal, Anantapur District admeasuring Ac.15-95 cents was assigned to one Boya Subbigadu way back in the year 1929. The land has since been transferred in the year 1969 in favour of the grandfather of the petitioners for consideration. The name of the grandfather of the petitioners and thereafter the name of their father has been incorporated in the revenue records. Petitioners were also issued pattadar pass books and their names were entered in the revenue records.

(2.) The President of All India Federation of Trade Unions. Anantapur, has submitted a representation dated 27-12-2001 to first respondent-District Collector, Anantapur requesting for grant of house site pattas in respect of as many as 1000 beneficiaries. On a direction issued by the first respondent, the Mandal Revenue Officer, the third respondent had identified the land of the petitioners for such assessment (sic. assignment). In fact he has addressed a letter dated 5-3-2002 to the first respondent. On coming to know of the same, the petitioners submitted a representation dated 7-11-2002 stating that the land cannot be resumed since there was no condition prohibiting alienation.

(3.) Apprehending that respondent Nos.1 to 3 would proceed to resume the land and assign it to various beneficiaries, the petitioners have filed this writ petition seeking appropriate directions. During the pendency of the writ petition, second respondent-Revenue Divisional Officer, Anantapur had issued notice dt. 25-1-2003 to the assignees directing them to show cause as to why the land could not be resumed on the ground that the conditions of assessment (sic.assignment) are violated.