JAKKULA VENKATA SWAMY Vs. DISTRICT COLLECTOR RANGA REDDY

JUDGEMENT

(1.) SIMILAR questions are raised in both the writ petitions relating to various extents of lands in the same Sy. No. 225/b and C as such they are disposed of by a common order.

(2.) HEARD the learned Counsel for the petitioner as well as the learned Government pleader appearing for the respondents 1 to 3.

(3.) IT is the case of the petitioners in w. P. No. 16267 of 2007 that the first petitioner purchased an extent of Ac. 1. 00 cents in Sy. No. 225/b situated at yadagarpally Village East, Keesara Mandal, ranga Reddy- District from Nunemunthala balaiah and Nunemunthala Srinivas vide registered sale deed dated 10. 9. 1993 and that both of them have jointly purchased an extent of Ac. 1. 00 cents in Sy. No. 225/b situated at Yadagarpally Village East, keesara Mandal, Ranga Reddy District from Smt. Nunemunthala Ramulamma, nunemunthala Balraj and Nunemunthala srinivas vide registered sale deed dated 13. 11. 1995. It is stated that the said two acres of lands was an estate land and their predecessors in title had saleable right. The rights of the cultivators were not affected even after the abolition of Jagirs and the Andhra Pradesh (Telangana Area)Land Revenue Act, 1317f. In the khasra pahani for the year 1954-55 the said land was described as Sarkari Poramboke land but in column No. 13 the names of the cultivators i. e. , their vendors are noted. Therefore, it is stated that the said land is neither assigned land nor Government land and they have been continuously cultivating the crops in the said lands. While so, the mandal Revenue Officer, Keesara Mandal, issued a notice dated 9. 8. 2005 in Form - I of Rule 3 of the Andhra Pradesh Assigned lands (Prohibition of Transfers) Rules, 2007 (for short 'the Rules') stating that the petitioners have purchased the lands in contravention of sub-section (2) of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act' ). Accordingly, the petitioners were called upon to submit explanation within 15 days from the date of receipt of the said notice. It is stated that to the said notice petitioners filed explanation on 19. 8. 2005; but without passing any final orders under Section 4 of the Act, the Mandal Revenue Officer displayed a notice board in their lands on 3. 6. 2007 stating that the said lands belong to the Government. The final orders, if any passed, have not been communicated to them, therefore, the said action of the respondents in taking steps to dispossess them is illegal and arbitrary.