ADINARAYANA MURTHY B Vs. COLLECTOR ANANTAPUR DT

JUDGEMENT

(1.) In this writ petition, a Writ of Mandamus or any other appropriate writ or order is sought declaring the action of the respondents in resuming the land to an extent of Ac.5.20 cents situated in Survey No. 223/1 in Munimadugu village, Penukonda Mandal, Ananthapur District without paying compensation as illegal and a consequential direction to the respondents to pay the compensation to the petitioner for the resumption of the said land as per G.O.Ms.No. 1307 dated 23-12-1993 is also sought by the petitioner.

(2.) One B. Govindappa was assigned the Government lands to an extent of Ac. 5.20 cents in Sy.No. 223-1 of Munimadugu village, Penukonda Mandal of Anantapur District way back in the year 1960. Since then, till the death of said Govindappa, he was cultivating the said land. Govindappa died in the year 1985 leaving behind the present petitioner B. Adinarayana Murthy as his sole legal heir. The petitioner being the legal heir of late B. Govindappa started cultivating the said lands with the help of hired labour under his supervision as he secured a job in the State Road Transport Corporation.

(3.) While so, on the basis of a report of the Mandal Revenue Inspector, Penukonda, the second respondent issued proceedings on 27-5-1995 in Rc.No. 389/95(B), resuming the lands which are enjoyed by the petitioner as a legal heir of late B. Govindappa who is the original assignee, subject to payment of compensation as per G.O.Ms.No. 1307 Revenue (Assignment I) Department, dated 23-12-1993.