A NARENDRA RAJA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS Writ Petition is filed for a mandamus to set -aside the notices issued under Sections 7 and 6 of the A.P. Land Encroachment Act, 1905 (for short "the 1905 Act") and the purported resumption of the land vide proceedings in R.Dis.No.253/90, dated 18 -2 -1990 under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "Act 9/1977"). The petitioners sought for a further direction to pay market value for Ac.1 -44 cents out of Ac.3 -81 cents acquired for Handari Neeva Sujala Sravanthi.

(2.) IT is the pleaded case of the petitioners that one Peravali Subbanna sold an extent of Ac.3 -81 cents comprised in Sy.No.1056 -2 of Basinikonda Revenue village, Madanapalle Revenue Mandal, Chittoor District, on 2 -8 -1992 to Pedda Narayanappa who sold the same to M. Lakshmidevamma on 9 -4 -1981; that M. Lakshmidevamma in turn sold the said land to four persons by names S. Masthan, N. Masthan, M. Eswaramma and S. Akkulamma on 27 -2 -1989; that M. Eswaramma and S. Akkulamma sold their shares of the land to S. Mastan and N. Mastan on 8 -12 -1989; and that the names of S. Mastan and N. Mastan were mutated in the revenue records and they were also granted pattadar passbook and title deeds. The petitioners have purchased the said land under registered sale deed dated 4 -6 - 1990 and they have erected a shed therein for granite factory and constructed compound walls.

(3.) ON 27 -10 -1990, respondent No.2 issued show -cause -notice to the petitioners under Section 7 of the 1905 Act, questioning which the petitioners filed W.P.No.15550/1990. The said Writ Petition was dismissed by order dated 9 -11 -1990 permitting the petitioners to participate in the enquiry. The petitioners filed objections to the show cause notice and respondent No.2 vide his order dated 4 - 11 -1990 ordered eviction of the petitioners under Section 6 of the Act. Apprehending dispossession, the petitioners filed O.S.No.332/1990 on the file of the learned I Additional District Munsif, Madanapalle for permanent injunction and secured an order of interim injunction. In the written statement filed in the said suit, the respondents have pleaded that the subject land was assigned to Peravali Subbanna on 23 -12 -1957 with the condition that the same shall not be alienated; that as the assignee has violated the said condition, the assignment was cancelled by respondent No.2 vide his proceedings in R.Dis.No.253/1990, dated 18 -2 -1990 and that the possession of the land was resumed declaring the land as "Anaadheenam Dry". It was also stated that simultaneously, eviction proceedings under the 1905 Act were initiated and eviction order under Section 6 thereof was passed. After a full fledged trial, the learned I Additional District Munsif, Madanapalle dismissed the suit by Judgment and decree dated 20 - 9 -1996 by holding that in view of the passing of resumption order under the provisions of Act 9/1977, the petitioners ought to have availed their remedies before the Revenue hierarchy and that the petitioners availed a wrong remedy by filing the suit. On appeal, in A.S.No.94/2000, the learned VII Additional District Judge, Madanapalle, confirmed the said finding. Against the said Judgment and decree, the petitioners filed a Second Appeal i.e. S.A.No.1033/2005, which is stated to be pending in this Court.