GORLE MALLESH Vs. DISTRICT COLLECTOR R R DIST

JUDGEMENT

(1.) Three writ petitions are being disposed of by this common judgment in view of the fact that the contentions raised by the petitioners in all the three writ petitions are of the same nature and character inasmuch as the action under contemplation of the respondents to dispossess the petitioners from their respective lands is sought to be declared as illegal and void.

(2.) At the outset, an observation need be made that the contentions raised by the petitioners in all the three writ petitions relate to the adjudication of disputed questions of facts which exercise cannot be gone into by the High Court when its jurisdiction under Article 226 of the Constitution of India is invoked. However, before arriving at a final conclusion on this proposition, it is necessary that the issues arising for Court's consideration may be examined for determining the prima facie case so that it could be found out whether the merits of the claims advanced by the petitioners are required to be looked into or not. The question in all the three writ petitions relates to the acquisition of lands by the Andhra Pradesh Housing Board for the purpose of putting up housing colony for weaker sections of the Society in Khaitalapur village, Ranga Reddy district.

(3.) According to the petitioners, they belong to a backward class community and they are running their livelihood from agriculture and have no other source of income. According to the petitioners, they are paying last for the land regularly. The land revenue was not required to be paid during the regime of Telugu Desham in the State of Andhra Pradesh, and therefore, during 1983 to 1990 no land revenue was paid by the petitioners. But after the change of Government it again became necessary for the petitioners to pay kist and, therefore, on 22-6-1993 they paid the kist for the period 1983 to 1993.