BOYANA TATADU Vs. STETE OF ANDHRA PRADESH

JUDGEMENT

(1.) The plaintiffs-appellants who have got lands under 'D' Form pattas from the Government filed a suit for declaration that they are in continuous possession and enjoyment of 30 acres of dry land situate in Mamidi- palli village in Salur Mandal and for recovery of a sum of Rs. 3,01,000/- consisting of the value of 30 acres of land at Rs. 4,500/- per acre i.e. Rs. 1,35,000, Rs; 10,000 towards the value of stone-well and damages for use and occupation ie., the past usufruct at Rs. 2,000/-psr putti of two putties of jute per acre for 1985 and at Rs. 600/- per putti in 1986 (Rs. 1, 56,000/-) or in ths alternative to reco/er a sum of Rs. 2,22,964/~ consisting of Rs. 1,35,000/- being the value of land at Rs. 4,500,'- per acre, Rs. 40,500/- being the solatium at 30% on Rs. 1,35,000/- and Rs. 10,000/- being the value of stone well and interest on 37, 464/-at 9% p.a. from 1-4-1984 to 16-6-1986 and for subsequent damages and interest. Based on the respective contentions raised by both the parties, the trial Court framed issues 1 to 9.

(2.) On behalf of the plaintiffs, 3 witnesses were examined and Exs. A-1 to A-4 were marked. On behalf of the defendants only one witness was examined. The learned Subordinage Judge cams to ths conclusion chat the plaintiffs are having 'D' Form pattas in their favour right from ths year 1972 and they are entitled at Rs. 3.000/- per acre together with interest at 6% per annum from the date of the filing of the suit ie., 25-6-1986 till the date of payment and also awarded proportionate costs. The plaintiffs being aggrieved with regard to the disallowed portion of the relief that is claimed by them, filed the present appeal.

(3.) All the plaintiffs are Girijans and the lands measuring 30 acres dry situated in Mamidipalli village and registered as 'assessed waste' in the revenue records was assigned to the plaintiffs under 'D' form pattas in the year 1972. The said lands were required by the Government for foreshore area submergeable under Vengalarayasagar Project in Srikakulam District. As per the evidence ofP.W-3, the then Village Karanam of Mamidipalli village, the plaintiffs got 'D' form pattas in the year 1972-73. The claim that the plaintiffs have got Special 'D' Form pattas was negatived by tie trial Court on evidence. The defendants by invoking the Clause in the 'D' form patta can resume the land for public purpose. Since the lands are required for a public purpose, the defendants have got ample power to resume the lands by invoking the clause that has been inserted in'D'form patta. Though the Government took the stand that resumption proceedings have been initiated, but no proceedings have been produced to show that resumption proceedings have been issued or notice has been issued to the affected persons that the lands are required for a public purpose. There is nothing to show on record that any proceedings of resumption were either issued by the Tahsildar or by the Land Acquisition Officer in respect of the suit land. In Dattayya vs. Tahsildar, Hyderabad (1) this Court has held as follows :