PINNABOINA RAMA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the petitioners assail proceedings in Rc.No.21/2015 Unit 13 Inavolu, dt.29.04.2016 issued by the 5th respondent in exercise of power conferred on the 5th respondent under Sections 48 and 50 of the Andhra Pradesh Capital Regional Development Authority Act, 2014 (for short, 'the Act'), holding that the 6th respondent is entitled to compensation under the said enactment in respect of land admeasuring Acs.21.25 cents in Survey No.26 of Inavolu Village, Thullur Mandal, Guntur District; and for a consequential direction to the 5th respondent to pay land compensation / annuity to the petitioners as per their application in Form 9.3.

(2.) The petitioners contend that they are absolute owners and possessors of an extent of Acs.19.25 cents in Survey No.26 of Inavolu Village, Thullur Mandal, Guntur District which they had purchased under registered sale deeds from their vendors after paying consideration on different dates; that pattadar pass books and title deeds were issued under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 in their favour; that land pooling scheme was introduced by the State Government for acquisition of land for the Capital Region of the State of Andhra Pradesh; that on issuance of declaration of intention to undertake the said scheme in Form 9.1 under Rule 6(2) by the 5th respondent, the petitioners submitted consent applications enclosing documents to substantiate their claim for benefits under the land pooling scheme.

(3.) They contend that their predecessors-in-title were granted ryotwari patta on 05.10.1977 in I.A.C.3291 / 1976 by the Deputy Tahsildar - Inams, Guntur under Section 4 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956; that the 6th respondent also filed a claim petition on 08.12.2015 through the Inspector Auditor, Wakf, Guntur claiming ownership over an extent of Acs.21.25 cents in Survey No.26, including the land claimed by the petitioners; and in that application the latter had contended that the said land forms part of Peerla Manyam and sale of such lands without prior permission of the Wakf Board is void as per Section 51 of the Wakf Act, 1995; and that the 6th respondent relied upon a xerox copy of a document dt.31.03.1956 of the Assistant Commissioner which contained information relating to Inavolu Village Jagir for Kazi Services in Guntur District.