LAWS(APH)-2006-4-11

L HASSAN KHAN Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 12, 2006
L.HASSAN KHAN Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) As the writ petitions and contempt case arise in the background of facts, which is similar, they are being disposed of by this common order. The fact of the matter, which is general to all the writ petitions and contempt case, may be noticed in brief.

(2.) The land in survey No.480 in Dhone Village of Dhone Mandal in Kurnool District was purchased by late Mahaboob Khan under registered sale deed dated 15-8-1919. He was enjoying the property along with his three sons Hasan Khan, Abdur Rahaman Khan and late Noor Khan. After death of Mahaboob Khan, statedly, there was a partition of the properties among the three sons under registered partition deed dated 9-7-1958. Hasan Khan got Acs.9.09, Abdur Rahman Khan got Acs.8.86 and an extent of Acs.8.00 fell to the share of Noor Khan. State acquired about Acs.1.06 belonging to Hasan Khan, Acs.1.14 belonging to Abdur Rahman Khan and Acs.2.63 belonging to Noor Khan, (total extent of Acs.4.83) for laying a bypass road for N. H .7 pursuant to a notification dated 21-9-1990 under Section 4 of Land Acquisition Act, 1894 (LA Act, for brevity). All the owners obtained necessary pattadar pass books and title deeds under the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (the Act, for brevity). It appears, in 1978 Abdur Rahman Khan transferred the remaining land (after land acquisition) by way of registered gift deed in favour of third petitioner in June 2004. Further, Hasan Khan got the boundary dispute resolved by approaching fourth respondent, who gave field measurement book sketch to his land in survey No.480./3C.

(3.) Similarly, the land admeasuring Acs.3.50 and Acs.0.65 in survey N0.479/HIC and the land admeasuring Acs. 1.61 in survey No.479/HIA was allegedly purchased by Kamal Saheb and Ramgopal under registered sale deeds from Peda Pullaiah and China Pullaiah respectively. In 1977, the Government acquired about Ac.1.00 of land and paid compensation to these persons and they were in possession of the land. The land admeasuring Acs.3.00, A.cs.Q.74 and Acs.0.73 in survey No.479/H3 was purchased by M/s. Pinjari Bashu, G. Hanumantha Rao and N. Lakshumaiah under registered sale deed dated 27-10-1986 and sale agreement dated 14-6-1986. When the land was acquired from out the said survey number, the Government paid compensation to the vendors of these persons.