V ANJANI KUMAR Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed assailing the G.O.Ms.No.802, Revenue (Assignment-I) Department dated: 30-8-1990, including the proceedings of the third respondent in Rc.No. 1550/89-A dated: 20-9-1990 and for a direction not to give effect to the aforesaid orders.

(2.) The facts in nut-shell are: that the petitioner No. 1 and 2 are the son and wife, respectively of late Sri Keshava Nair. He was occupying 305 sq. yards of land in Rajavari thota and constructed a building. The petitioners state that Raj averithota, was a Government land and it was leased out to Jamindar for a period of 99 years. After the expiry of the lease period, the lands were allotted to the occupants by collecting market rate. It is further stated that the persons who occupied the lands filed a writ petition before this court and the same was disposed of with a direction to Government to allot the sites to them by collecting market value. Accordingly, Government issued G.O.Ms.No. 892 dated: 8-9-1975 deciding to allot the lands to the occupiers. The deceased - Keshava Nair was occupying 305 sq. yds., of land and, therefore, the Revenue Divisional Officer, Guntur, issued Notice No.2871/75-G, dated 3 -10-1977 asking him to deposit amount, at the rate of Rs. 190-00 per sq. yard. When the deceased went to pay the amount, he noticed the respondents No.4 to 6 disputing the ownership of the land. There upon the respondents filed R.C.C.No. 111/77 alleging that the deceased was a tenant occupying 305 sq. yds., and sought for eviction of the deceased - Keshava Nair. The learned Rent Controller dismissed the case on the ground that there was bona fide dispute about the ownership of the property.

(3.) Against the said order of the Rent Controller, the respondents filed appealNo. RC. A. 61785 and the same is pending before the Subordinate Judge's Court, Guntur. When the respondents No.4 to 6 were trying to interfere with the petitioners, they filed O.S.No.42;of 1990 on the file of the District Munsif Court, Guntur for permanent injunction. The learned Munsif granted temporary injunction in respect of 305 sq. yds., of land. The same is pending. The petitioners now state that the deceased - Keshava Nair was assigned 305 sq. yds., and he was about to pay the said amount. Therefore, the G. O., assigning the said land in favour of respondents No.4 to 6 is illegal, arbitrary and violative of principals of natural Justice. The petitioners further contend that they are entitled for assignment of the land. The notice dated 3-10-1977 issued to Keshava Nair for payment of market value at the rate of Rs. 190-00 per square yard would establish that he was assigned the land and the Government is required to issue Patta in his favour.