DATHARU POCHAIAH Vs. GOVERNMENT OF ANDHRA PRADESH REP

JUDGEMENT

(1.) IN this Writ Petition, the petitioners question the land acquisition proceedings initiated by the respondents, vide: notification dated 25-10-2005 issued under Section 4 (1)of the Land Acquisition Act, 1894 (for short "the Act") to the extent of the lands in their respective occupation in Survey nos. 76,77,78,79/2,80/2 and 85/2 of Rangapur village, Bibinagar Mandal, Nalgonda District, by seeking issuance of a Writ of Mandamus.

(2.) AN extent of Ac. 730. 06 guntas comprised in various survey numbers, including the above survey numbers, of rangapur village was donated by Sri Chaturgiri jee of Rangapur village, Bibinagar Mandal to bhoodana Yagna Samithi on 8-2-1952. The said land got vested in the Government as kharij Khata under Rule 8 of the Sri Acharya vinobha Bhave Sarvodaya Bhoodana Yagna, hyderabad Land Revenue Special Rules of 1951 (for short "the 1951 Rules" ). The bhoodana Yagna Samithi distributed ac. 495. 12 guntas of land to the landless poor farmers. The pre-existing rights and the shinkmidari certificates issued to the occupants of the said lands got extinguished by application of the provisions of the 1951 rules. The families of some of the petitioners, who were evidently in occupation of some of the lands, appeared to have been granted pattas by the Bhoodana Yagna Samithi.

(3.) ONE Sri Name Rangarao and others, representing Gunrock Enclave Co-operative housing Society Limited entered into an agreement with Bhoodana Yagna Board (for short "the Board") in respect of 200 acres of the above mentioned land on exchange basis and the Board allotted only Ac. 42. 32 guntas to the said Society on the ground that the latter provided the same extent of land to the board in exchange. Having got the said extent of land conveyed, Sri Name Rangarao and the Society filed O. S. No. 238 of 1989 on the file of the II Additional Judge, City Civil Court, hyderabad, for specific performance of agreement of sale and while the said suit was pending, Sri Name Rangarao and the society negotiated directly with some of the allottees of the Bhoodana land and purchased the same, which the Bhoodana Yagna Board alleged that the same was contrary to the provisions of Bhoodan and Gramdan Act, 1965 (for short "the 1965 Act" ). The said purchase from the allotees sparked off a legal battle with the issue of notice by Mandal revenue Officer, Bibinagar under the provisions of the 1965 Act, which was the subject matter of Writ Petition No. 9211 of 1990 filed before this Court, wherein this court directed the Board to issue notices to the affected parties and decide the issue raised in the show-cause notice issued by the Mandal Revenue Officer. After conducting enquiry, the Board terminated the pattas granted to the assignees and intimated the same to the Mandal Revenue Officer, vide: letter dated 14-12-1993 with a request to him to take action to restore the land to the Board and made proposals for fresh assignment of lands to Scheduled Caste and Scheduled tribes. Accordingly, the Mandal Revenue officer served a show-cause notice on the assignees and cancelled the allotments of the Bhoodana lands, vide: proceedings dated 25-6-1994. The said order was challenged by one Sri Miralam Kistaiah and 28 others in writ Petition No. 22745 of 1994 and this Court granted stay of the said order, pending the said Writ Petition. By another proceedings dated 8-3-1997, the Mandal Revenue Officer declared that he was taking possession of the Bhoodana lands situated in Survey Nos. 22 to 27, 29 to 41, 43, 45 to 60, 63 to 68, 70 to 74, 79,80 and 85 admeasuring Ac. 507. 34 guntas and excluding Ac. 42. 32 guntas covered by Survey Nos. 32,33,54,69,71 and 72. The said order was subject matter of Writ petition No. 6468 of 1997 and batch, which was disposed of on 29-7-1997. The learned single Judge while relegating the parties to civil Court for adjudication of their disputes of title, appointed the Board as a Receiver. Writ appeal filed against the said order by the east City Defence Personnel Welfare association was dismissed and the said order was questioned in Civil Appeal No. 4012 of 1999 before the Supreme Court. The said appeal was allowed to the extent that the supreme Court set aside the order of the learned single Judge in so far as the appointment of the Board as Receiver was concerned. But, however, the Board and the other parties were left free to take out appropriate proceedings in a civil Court regarding the title of the property and also to obtain appropriate orders in O. S. No. 238 of 1989, pending before the II Additional Judge, city Civil Court, Hyderabad, in respect of the land covered by the said suit. Accordingly, the Board filed O. S. No. 1 of 2002 in District court, Nalgonda. for declaration of title and the said suit is pending.