WP/26501/2006 of K.Narayanamma, Vs The District Collector, on 29 December 2006

ORDER:

The land admeasuring Acs.3.98 in survey No.436-1 of Epuru bit-1Bsituated at Pantapalem village of Muthukuru Mandal in Nellore District wasoriginally assigned by way of D-Form patta to one Tupili Sudarsanamma on30.4.1988. T h e Mandal Revenue Officer (MRO), Muthukuru Mandal,assigned/alienated the land after collecting requisite market value. Be thatas it is, petitioners’ mother, Duvvuru Kanthamma, purchased the same fromSudarsanamma under a registered sale deed dated 21.9.1990 and thepetitioners at present are running Sri Bhagavan Venkaiah Swamy Old AgeHome by raising small huts and thatched structures. The said home isstatedly housing about 50 old age people. It is alleged that the thirdrespondent along with the staff came to the petitioners’ premises and madeattempts to tresspass into the land and dispossess them. Apprehendingfurther coercive dispossession, present writ petition is filed.

Learned Counsel for the petitioners strenuously contends that whenthe land was alienated in favour of Tupili Sudarsanamma from whom thepetitioners purchased the property and got absolute rights over the same,they cannot be dispossessed without due process of law. Though sufficienttime is granted to the learned Assistant Government Pleader for Revenue(Assignment), he did not get any instructions from the respondents. Therefore, the writ petition is disposed of, observing that if the land isassigned to Tupili Sudarsanamma by way of D-Form patta, after collecting orwithout collecting market value as alleged, the MRO shall conductnecessary enquiry into the matter after giving notice to the petitioners. If it isfound that the land was assigned free of cost to Tupili Sudarsanamma, itshall be open to the revenue authorities to take necessary action under theprovisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, asamended by A.P. Ordinance No.10 of 2006 i.e., A.P. Assigned Lands(Prohibition of Transfers) (Amendment) Ordinance, 2006.

The writ petition, with the above observations, is accordingly disposed of. No costs.

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December 29, 2006. (V.V.S.RAO,J)NOTE:

Issue order copy by 04.1.2007.

(By order)YS