CH. KIRON, REP. BY HIS GPA HOLDER AND AUTHORISED SIGNATORY V. RATNA KUMAR Vs. MANDAL REVENUE OFFICER, HAYATHNAGAR MANDAL, RANGA REDDY DISTRICT AND OTHERS

JUDGEMENT

(1.) This writ petition is filed challenging the proceeding No. C/122/2007, dated 05.09.2007, of the first respondent and the subsequent Form X which is a certificate for taking possession of the lands of the petitioner admeasuring Ac.4-25 guntas in Sy. No. 301 of Anajpur Village, Hayath Nagar Mandal, Ranga Reddy District.

(2.) It is the case of the petitioner that he purchased an extent of land Ac.3-34 guntas and Ac.0-31 guntas, totally admeasuring Ac.4-25 guntas in Sy. No. 301 of Anajpur Village, Hayath Nagar Mandal, Ranga Reddy District, under two separate sale deeds dated 26.10.1993 vide document No. 12182/1993 and dated 26.11.1993 vide document No. 13524/1993 respectively, from the vendors Rachapaka Maraiah and others. The fathers of the vendors obtained their title and possession over the subject land under a sale deed dated 29.12.1966 vide document No. 3609/1966 from the original pattedar and possessor Kaisar Mohammed Ali, after obtaining permission from the Tahsildar on 20.10.1966. The vendors of the petitioner later found that Kaisar Mohammed Ali wrongly shown his extent of land in his declaration in C.C. No. 2162/E/75, which was filed in the year 1966, and the Land Reforms Tribunal (for short, Tribunal) passed order dated 29.09.1976 declaring him as the surplus land holder and they filed an appeal before the Land Reforms Appellate Tribunal (for short, Appellate Tribunal). The Appellate Tribunal allowed the appeal in L.R.A. No. 3186/1977 by order dated 14.09.1977 and remanded the matter back to the Tribunal for deciding afresh. The Tribunal, on remand, passed an order dated 18.08.1978, excluding the subject land. Thereafter, the petitioner, to construct buildings in the subject land, filed an application before the District Collector, Ranga Reddy District for conversion of the subject lands under Section 61 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli. The District Collector, after the recommendations of the respondents, vide his letter No. D1/2497/2001, dated 02.05.2001, passed an order for conversion of the subject land from agricultural purpose to non-agricultural purpose.

(3.) While so, the first respondent issued a show cause notice dated 16.01.2007 under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, Act of 1977) stating that the subject land was taken possession by the Government pursuant to the order in C.C. No. 2162/E/75 vide Form X and that the petitioner has purchased the subject land from the assignees, to whom the subject land was assigned. The petitioner gave a reply dated 02.02.2007 followed by another letter dated 19.02.2007 requesting the respondents to furnish copies of the documents referred to in the notice dated 16.01.2007 under the Right to Information Act. The first respondent, without furnishing the documents, has issued another show cause notice dated 07.03.2007, for which, the petitioner submitted a reply dated 12.03.2007. Without furnishing the documents and without considering the reply of the petitioner, the first respondent passed the impugned order on 05.09.2007.