C SREERAMULU Vs. JOINT COLLECTOR CHITTOOR

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus declaring the proceedings dated 05-12-1994 issued by the third respondent and confirmed by respondents 1 and 2, vide orders 16-05-1997 and 05-10-1995, respectively, as arbitrary and illegal, and consequently to set aside the same.

(2.) The case of the petitioner is that in the year 1947 the land bearing Sy.No.308 admeasuring Ac.3.23 cents of Rachavetivaripalli village, Nimmanapalle Mandal, was assigned to one Nakka Musalaiah and he, in turn, sold the said land to one Smt. Erramma in the year 1960. Subsequently, the father of the petitioner purchased the said land from the said Erramma in the year 1974 and was in possession and enjoyment of the same, and after his demise, the petitioner has been in peaceful possession and enjoyment of the same. Be that as it may, the third respondent, invoking the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act"), ordered resumption of the said land holding that the transfer of the said land is illegal. Against the said order, the petitioner preferred an appeal before the Revenue Divisional Officer-second respondent herein, and the second respondent, by his order dated 05-10-1995, dismissed the said appeal. Aggrieved thereby, the petitioner preferred a revision before the Joint Collector, Chittoor-first respondent herein, and the first respondent also dismissed the said appeal. Hence, this writ petition.

(3.) A counter affidavit is filed on behalf of the respondents stating that the assignment of the said land was meant only for the depressed class beneficiaries, and as such transfer of the said land in favour of the father of the petitioner, who belongs to Backward Class, is illegal. It is further stated that the petitioner is not a landless poor person and he owns Ac.5.00 of dry land in Sy.No.722/2 and wet land admeasuring Ac.0.93 cents, and that by suppressing the fact that the said land is a Government land, he has obtained pattadar pass book and therefore, he is not entitled for assignment.