BANDARI POSANI Vs. SPECIAL COMMISSIONER FOR LAND REVENUE

JUDGEMENT

(1.) The present writ appeal is arising out of the order dtd. 11.11.2010 passed by the learned Single Judge in W.P.No.21911 of 2002.

(2.) The undisputed facts of the case reveal that the land, to an extent of Acs.5.00 in Survey No.38/1 situated at Bhatti Sawargaon Village, Adilabad District, was assigned under Laoni Rules, 1950 initially to the husband of the petitioner along with nine other persons. A report dtd. 26.06.1990 was submitted by the Revenue Divisional Officer, Adilabad, stating that the assignment itself is illegal, keeping in view the G.O.Ms.No.1065 dtd. 01.05.1961, as the land was situated within the radius of one mile of Municipal limits. A show cause notice was issued on 28.03.1980 to the ten assignees including Gattaiah, the husband of the petitioner, and thereafter, an order was passed on 30.04.1981 cancelling the assignment. An appeal/review was preferred in 1990. The same was dismissed on 20.09.1996. Thereafter, the writ petition was preferred before this Court. Before the learned Single Judge, reliance was placed upon the judgments delivered in the cases of State of Gujarat vs. Patel Raghav Natha AIR 1969 SC 1297 , P. Mangamma vs. Women 's Co-op. Housing Society Ltd 1995(3) ALT 330 (DB) and S. Santhanam vs. State of Andhra Pradesh 2006(2) ALT 341 (DB) and it was argued that such a revisional power could not have been exercised under Sec. 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (for short 'the Act ') after lapse of 20 years. Another ground was also raised before the learned Single Judge that G.O.Ms.No.1065 dtd. 01.05.1961 could not have been taken into account, as another Government Order i.e., G.O.Ms.No.1122 was issued on 29.06.1961 extending prohibition of assignment of Government land in Municipal limits for agricultural purposes.

(3.) The learned Single Judge, after taking into account G.O.Ms.No.1122 dtd. 29.06.1961, has arrived at a conclusion that the land was assigned in May, 1961 and the G.O was very much in force. He has also arrived at a conclusion that Sec. 166-B of the Act empowers any Revenue Officer not below the rank of Collector to exercise suo motu revisional powers and there is no time limit prescribed. However, after taking into account the judgments delivered in the cases of State of Gujarat (1 supra), P. Mangamma (2 supra) and S. Santhanam (3 supra), has arrived at a conclusion that exercise of such power was certainly with an unreasonable delay. The learned Single Judge has finally arrived at a conclusion that the land was resumed on 14.05.1981 and the same was handed over to Department of Jails vide proceedings dtd. 21.11.1986. The Department of Jails has constructed a Jail Complex over the land. The petitioner, after lapse of six years of the order dtd. 20.09.1996 whereby the appeal/review was dismissed, has approached this court and in those circumstances, finally the writ petition has been dismissed.