RACHAMALLA SAVITRI Vs. JOINT COLLECTOR

JUDGEMENT

(1.) The petitioner has purchased an extent of land admeasuring Acs.3.00 cents in survey No.40/56 situated in Baithpalligangaram Village, Sathupalli Mandal, Khammam District in the year 1976 and has been in peaceful possession and enjoyment of the same. While so, the respondent No.2 has initiated proceedings under Sec. 4 of Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act, 1977") by issuing a notice, dtd. 10/5/1985 and thereafter on submission of explanation by the petitioner, respondent No.2 dropped the said proceedings by passing an order vide L.Dis.No.APALC.No.124/85, dtd. 21/11/1985. Thereafter, respondent No.1 initiated proceedings under Sec. 166-B of A.P.(Telangana Area) Land Revenue Act, Fasli (for short "the Act, Fasli") and a showcause notice was issued to the assignee viz., Sri Tati Sheshappa to show-cause as to why the assignment made in his favour in respect of the subject property should not be cancelled. Subsequently an order, dtd. 28/9/1994 was passed in exercise of powers under Sec. 166-B of the Act, 1317 Fasli cancelling the assignment and further directed for taking over of the physical possession of the subject land.

(2.) Aggrieved by the said order, the petitioner herein approached this Court by filing the Writ Petition No.24550 of 1996, contending that the petitioner has purchased the subject land as early as in the year 1976 under a sada sale deed.

(3.) This Court, having noted the fact that the respondent No.1 failed to follow the procedure prescribed under Sec. 166-B of the Act, 1317 Fasli, the said order, dtd. 28/9/1894, was set-aside and this Court had allowed the said writ petition vide order, dtd. 31/1/2006 and remitted the matter back to respondent No.1. Respondent No.1, on remand, once again passed an order, dtd. 3/9/2008, directing eviction of the petitioner from the subject land on the ground that the petitioner is not a landless person. Thus, once again an order is passed under Sec. 166-B of the Act, 1317 Fasli. Aggrieved by the said order, dtd. 3/9/2008, petitioner approached this Court by filing the present writ petition.