KISHAN SINGH Vs. SPECIAL COMMISSIONER LAND REVENUE

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus to declare the order, dated 4.1.1997 passed by the 1st respondent- Special Commissioner, as arbitrary and illegal, and consequently set aside the same.

(2.) The brief facts of the case are that the petitioner is the absolute owner and possessor of the land admeasuring Ac.1.10 guntas in S.No.92 situated in Mamidipally Village, Armoor Mandal, Nizamabad District. The Government, after collecting market value, granted patta and subsequently assigned the land to him in the year 1986 and since then he has been in continuous possession and enjoyment of it. Most of the conditions of the patta are applicable to the landless poor persons, who are assigned lands free of cost, but the petitioner was assigned the land on payment of fixed market value. When the petitioner applied to local Gram Panchayat for grant of layout, the 3rd respondent-Revenue Divisional Officer, without reference to any provisions of the Andhra Pradesh (Telangana Area) Land and Revenue Act (for brevity "the Act") passed an order dated 27.7.1991 cancelling the assignment of the land. Against this order, when the petitioner preferred an appeal, the 2nd respondent-Joint Collector, without considering it in proper perspective, passed an order dated 7.1.1993 confirming the order of the 3rd respondent Aggrieved by the order dated 7.1.1993, the petitioner filed a statutory revision under Section 166(B) of the Act before the 1st respondent-Special Commissioner, who, by fee impugned order, dated 4.1.1997, dismissed fee revision petition vacating fee stay order granted earlier.

(3.) The learned Counsel for the petitioner has contended that fee format prescribed by fee Government in respect of assignment of lands is in accordance wife the Laoni Rules, 1950, but not specially meant for persons, who are assigned project- affected lands. The land assigned to fee petitioner is a project-affected land and none of the conditions incorporated in the proceedings D. Dis. No.B3/5662/80, dated 18.10.1980 apply to him except Condition Nos. 16 and 17, which specifically reveal that project-affected lands shall be assigned on payment of land value and fee grantee shall not accrue full title to fee land until fee entire amount is paid and in fact, fee petitioner has paid the entire amount determined by fee Board of Revenue. He has further contended that fee conditions laid down under A.P. Project-Affected Land Assignment Rules, 1961 do not reveal anywhere about cancellation of pattas. Hence, the order, dated 4.1.1997 passed by the 1st respondent-Special Commissioner is illegal and the same is liable to be set aside.