KOTARU VENKATESHWARLU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition challenges the order, dated 4-7-1987, by which the Collector, Ongole, refused to retransfer the acquired lands to the petitioners on the ground that the claim was belated.

(2.) The admitted facts are that an extent of Ac. 94-86 cents of land, belonging to the petitioners, situated in Mamidipalem and Pelleru villages were acquired and Award was passed on 30-8-1971 in respect of only Ac. 62-70 cents. The balance of land, i.e. Ac. 31-86 cents was given back to the petitioners-owners on lease. Out of that; Ac. 6-28 cents were sold to Zilla Parishad on 15-4-1978. leaving a balance of Ac.25-50 cents. On 28-11- 1981 the Chief Engineer, N.S.P. informed the petitioners that the lands in question were no longer required to the 2nd respondent. The petitioners then made a claim for retransfer of the lands under A.P.Board of Revenue Standing Orders-90 (For short 'B.S.O.90'). Since the claim was not attended to, the petitioners filed Writ petition No.1802 of 1987 and by order dated 1-6-1987, the 2nd respondent was directed to dispose of the representation of the petitioners within four weeks from the date of receipt of the orders. The 2nd respondent accordingly passed the impugned order stating that the claim is belated.

(3.) The learned counsel for the petitioners took me through the terms of B.S.O.90. which has been amended by G.O.Ms.No.628, dated 19-5-1975. According to the amended version, where the land is acquired for the public purpose and is subsequently relinquished, it should be disposed of by giving it on lease if it is likely to be again required. Otherwise, it should be offered, first, at cost pnce, to the parties to whom it ongmally belonged or to their heirs. This Clause (2) reads as follows:-