DAMMALAPATI RAMALINGAM Vs. DISTRICT COLLECTOR KHAMMAM DIST

JUDGEMENT

(1.) The three petitioners purchased the land from M/s.V.T.K.Prabhakar and fifteen others under registered sale deeds in 1996. The petitioners allege that their vendors or their predecessors in title had been enjoying the land with all their rights since long. However, it appears, the second respondent made attempts to resume the land on the ground that the original assignees in whose favour the land was allegedly assigned relinquished their rights. Therefore, the present Writ Petition is filed seeking a writ of mandamus declaring the action of the respondents in resuming the land in Survey Nos.21 and 30 situated at Raghunathapalem Village of Khamman (Urban) Mandal in Khammam District, as arbitrary and illegal. They also sought a consequential direction to the respondents not to reassign the resumed land.

(2.) This Court while adjourning the matter for instructions by the Government Pleader on 02.11.2004 passed orders directing the respondents not to distribute the land to the third parties. Subsequently, the matter was admitted on 10.11.2004 and the interim order was directed to be continued until further orders. The respondents have now come forward with W.V.M.P.No.755 of 2005 seeking vacation of the said order.

(3.) In the counter affidavit, inter alia, it is stated that the land in Survey Nos.21 and 30 of Raghunathapalem Village was assigned by the Tahsildar, Khammam, vide proceedings dated 14.06.1971 to as many as six persons, that these assignees did not cultivate the land and that when the officials contacted them, the assignees voluntarily redelivered the land to the Government under Rule 16Rule 16 of the Andhra Pradesh (Telangana Area) Land Revenue Rules, 1951. By reason of such redelivery/razinama, the Mandal Revenue Officer took possession of the land on 19.10.2004. The allegation made by the petitioners that the procedure contemplated under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act No.9 of 1977) (for short 'the Act'), and the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 (for short 'the Rules'), has not been followed, is not denied.