STATE OF ANDHRA PRADESH Vs. K VENKAYYA

JUDGEMENT

(1.) This is an appeal filed by the State Government against the judgment of Justice Umamaheswaram removing on certiorari two orders of the Government dated isth April, 1960 and 25th May, 1960.

(2.) The facts that have led up to this litigation may be shortly stated. The lands in question originally belonged to the ancestors of the respondents. They were acquired by the Government in or about 1896 for the purposes of excavation of a tank called Sreeramulu Tank in Vemavaram village of Krishna district. It was later found that the tank was unnecessary because of the introduction of another source of irrigation under the Munneru main canal. So the project was given up, with the result that Ac. 42.16 cents of land became available for disposal by Government. Coming to know of this, some political sufferers applied for assignment in the year 1949-50. The respondents and some others claiming to be the legal heirs, of the original owners objected by a written notice to the grant of these lands to persons other than the heirs of the original owners of these lands. On roth February, 1953, the Government passed an order to the effect that these lands should be disposed of with reference to G.O. No. 82/Revenue Department, dated 9th January, 1953 and the relevant Board Standing Order, and that persons as were eligible for assignment under the Board Standing Orders can urge their claims before the District Collector. Then ensued correspondence between the District Collector and his subordinates as to the disposal of these lands but nothing concrete was done till 18th April, 1957. On that date, in accordance with the Government's instructions regarding the disposal of lands to be effected by new projects, the Board of Revenue ordered that these lands should not be assigned to anyone, as they would be affected by the Nagarajunasagar Project, and they shoi Id be leased out, if otherwise unobjectionable. Giving effect to these intructions, the Government passed the following order in Memorandum No, 112617/3/57-17 :

(3.) The Collector of Krishna informed the Secretary, Board of Revenue, that the legal heirs of the original owners of those who are eligible for assignment under Board Standing Order No. 90 (32), were 21 in number and sought permission to lease out Ac. 29.61 cents which was actually available, for that purpose (the rest having been encroached upon by some harijans) to the heirs of the original owners. Although no orders were immediately passed by the Government on these proposals of the Collector, the Tahsildar seems to have allowed some of the heirs of the original owners to occupy these lands as lessees.