D NARSING RAO Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) SINCE common questions of law and fact arise for consideration in these two writ petitions, they are being disposed of by this common order. For the purpose of convenience, the facts as narrated in W.P. No. 21779 of 1997are stated briefly, as under:

(2.) ACCORDING to the petitioners, S.Nos. 36 and 37 measuring Ac.280-00 guntas and Ac.378-17 guntas of Gopanpalli village were Jagir lands. Since Jagir period, different persons were in possession of the said lands and after abolition of 'Jagirs', the same were reflected as pattas in the Khasra Pahani for the year 1954-55, which was prepared under Section 4(2) of the A.P. (Telangana Area) Record of Rights in Land Regulation 1358 F. Subsequently, the pattadars had alienated the lands to the petitioners under registered sale deeds, as per Annexure-II. Since the date of purchase, the petitioners are in possession of the lands purchased by them. The total area of S.No.36 is Ac.280-00 and the patta was granted to an extent of Ac.44-00. Likewise, the total area of S.No. 37 is Ac.378-17 guntas, for which patta was granted to an extent of Ac.46-00. Further, in the Khasra Pahani, the Survey Numbers and the extents therein were also mentioned. While so, the Government, without mentioning the sub-numbers given to the pattas and without identifying the area belonging to the Government, leased out the area admeasuring Ac.70-00 in S.Nos.36 and 37 to different persons for establishing stone metal crushing units.

(3.) THE second writ petition i.e. W.P. No. 1731 of 2005 is filed challenging the consequential notice dated 31.12.2004 in Case No.D5/9388/2003 on the file of the learned Joint Collector, Rangareddy District, Hyderabad whereunder the petitioners were asked to appear in his Court on 5.2.2005 either in person or through counsel along with documentary evidences and defend the case as to cancellation of unauthorized entries in respect of land bearing Sy.Nos. 36 (460-07) and 37 (424.17) situated at Gopanpally village of Serilingampally Mandal, purported to be under Section 166-B of A.P. (TA) Land Revenue Act 1317 F.