BOYA SANJANNA Vs. DISTRICT COLLECTOR, KURNOOL

JUDGEMENT

(1.) THE petitioner has filed a Writ Petition seeking a declaration against the proposed action of the respondents in contemplating to issue pattas to SCs and BCs with respect to the petitioners land to an extent of Ac.05 -90 cents situated in Sy.No.88/1 of T. Somalagudur Village of Nandavaram Mandal, Kurnool District, without following due process of law under the Land Acquisition Act, or any other law, and such action is contrary to and in violation of Articles 14, 21 and 300 -A of the Constitution of India.

(2.) AS per the writ affidavit, petitioners father had purchased the land in 1976 in Sy.No.88/1A over an extent of Ac.5 -90 cents situated at T. Somalagudur village of Nandavaram Mandal, Kurnool District from one Sri R.Ramalinga Reddy for a valuable consideration of Rs.28,000/ - and since then his father and thereafter on his demise himself and his brothers are in possession and enjoyment of the said land cultivating the same. As a matter of fact, on 17.12.1994 by mortgaging the said land, vide document No.4269/1994, to the Primary Agricultural Cooperative Credit Society of T.Somalagudur village, petitioner had borrowed a sum of Rs.10,000/ - and he is paying the installments of the said loan amount. The land is only source of livelihood for the entire family of himself and his brothers. On 17.08.2003, the petitioner came to understand through Panchayat Secretary that after conducting enquiry he recommended for issuance of Pattadar Pass Books, and thereafter the 3rd respondent had in fact issued title deed, which was also counter signed by the 2nd respondent and Sub - Registrar of Yemmiganur. In January, 2004, petitioner came to know that the 3rd respondent is proposing to issue pattas over the petitioners land to B.Cs., and S.Cs., who are alleged to be landless poor persons. Thereafter, petitioner approached the 3rd respondent and a representation was also made. However, the 3rd respondent refused to receive the said representation. The proposal of issuance of pattas was on account of the ensuing elections and at the instance of the local M.L.A., who also happens to be Minister. On 03.02.2004, petitioner got issued a registered legal notice to the respondents explaining the factum of their purchase of the land and requested them not to issue any pattas to third parties. There was no response given to the said notice. As there was imminent danger of issuance of pattas, especially at the instance of the local M.L.A., who also happens to be a Minister, the petitioner had rushed to this Court seeking protection. He has also stated that the petitioner had spent huge amount of Rs.1,00,000/ - and above for developing the land and if they are deprived of the said land there would be enormous loss and damage affecting their right to life under Article 21 and 300A of the Constitution.

(3.) THIS Writ Petition came to be admitted on 31.03.2004 and also an interim order was granted on the same day.