WRIT PETITION 4195 of 2008 on 20 July 1985

ORDER:

The grievance of the petitioner is that the 3[rd] respondent is trying to dispossess the petitioner from her patta land admeasuring Ac.1.75 cents situated in Survey No.910 of Yerragondapalem village, Yerragondapalem Mandal, Parakasam District without issuing any notice and the same is illegal, arbitrary and violative of principles of natural justice. Being aggrieved by the said order, the petitioner filed the present writ petition.

The case of the petitioner is that she purchased agricultural dry land an extent of Ac.7.84 cents from her vendors in Survey Nos.25,26 and 910 of Yerragondapalem village and Mandal, Prakasam District. She states that she reclaimed the land by clearing bushes and stones and made it fit for cultivation and she has been cultivating the same from the date of purchase 20.07.1985 and is in absolute possession and enjoyment of the same with the knowledge of the respondents. The petitioner states that she dug a bore well in Survey No.910 as the previous well became dry. She has been cultivating her land with the bore well water and eking out her livelihood with the income derived from her lands. The petitioner states that one Mr. Nagam Venkaiah, s/o Devadasu and Koteswaramma had executed registered sale deed on 21-01-2008 vide document No.172 of 2008 in the office of Joint Sub-Registrar, Markapuram, Prakasam District in respect of land extent of Ac.6.09 cents situated in Sy.Nos.25 and 26 of Yerragondapalem village, out MGR, J

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of land extent of Ac.7.84 cents. The land extent of Ac.1.75 cents was not registered by the Sub-Registrar, on the ground that the land is an assigned land. Her vendor Koteswaramma was issued pattadar pass book and she was in possession and enjoyment of the same till the date of delivery i.e. on 20-07-1985 and that her vendor purchased the land extent Ac.1.75 cents from her vendor Kondamma, W/o Vuppu Subbaiah under Registered sale deed dated 30-04-1985 vide Document No.475/85 registered in the office of Yerragondapalem Sub-Registrar office. The petitioner also states that her vendor delivered pattadar pass books to her after receiving sale consideration. However, on 19.02.2008, the Surveyor of Yerragondapalem inspected her land extent of Ac.1.75 cents and tried to take measurements of the land and on hearing the same, she along with neighbours objected the same on the ground that the land is patta land. But, the 3[rd] respondent is trying to assign the land in question highhandedly to third parties and without any notice. Challenging the same, the present writ petition came to be filed.

The 3[rd] respondent filed his counter, while denying the allegations of the petitioner, states that originally the land in Survey No.910 of Yerragondapalem village and Mandal is a Government land and classified as A.W Dry as per village record of Yerragondapalem village. During the year 1986, the land extent of Ac.3.00 cents in Sy.No.910/1 of Yerragondapalem village was assigned vide DKT patta in favour of Smt. Uppu Kondamma, W/o Subbaiah vide R.Dis.No.122, dated 25-02-1986; land extent of Ac.1.65 cents in Sy.No.910/3 was assigned as DK Patta in favour of MGR, J

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Smt. Nagam Koteswaramma, W/o Devadas vide R. Dis.No.172, dated 21.04.1986 and since date of grant of assignment of land, the assignees are cultivating the same and enjoying as on date. The petitioner is not either an encroacher or enjoyer over the land as on date and that the question of assigning to third parties is only a presumption and in fact, there is no further proposal in grant of patta. The 3[rd] respondent stated that as per the cultivation Account No.2 i.e. Adangal of Yerragondapalem village, the assignees are pattadars and the petitioner is not entered as either enjoyer or occupier over the land. The assignments made to the beneficiaries attract the provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, i.e. Act 9 of 1977 and Amendment Act, 2007. Though the petitioner purchased the Government land which is under the possession and enjoyment of her vendors, is not having right to sell as it is an oral sale transaction not covered by any registration. As per the revenue records the land in Sy.No.910 of Yerragondapalem village is a Government land A.W. land and subsequently assigned to the landless poor persons for cultivation purpose and as per the cultivation account, there is no mention of the petitioner showing cultivation over the land and hence, the writ petition is liable to be dismissed.

The petitioner filed reply affidavit, while reiterating the averments of the writ affidavit, stated that as the land value accelerated, one Y. Sambi Reddy, husband of the impleaded 4[th]respondent began causing disturbance to his land, he filed the writ petition wherein this court on 18-03-2008 granted status quo. Even MGR, J

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though status quo granted by this court, Sri Y. Sambi Reddy and his brother Y. Venkateswara Reddy and their men are interfering with his possession and enjoyment of the land in Sy.No.25-Ac.2.03 cents, Sy.No.26-Ac.4.06 cents and Sy.No.910/3-Ac.1.75 cents of Yerragondapalem village and Mandal. The petitioner stated that he filed O.S.No.116 of 2008 for permanent injunction before Principal Junior Civil Judge’s Court, Markapur, Prakasam District. Initially, the Principal Junior Civil Judge’s Court, Markapur, granted interim injunction in his favour and finally dismissed the said suit by the judgment dated 14-10-2016. Immediately, he filed appeal A.S.No.32 of 2016 before the VI Additional District Judge’s Court, Markapur and the same was allowed by the judgment dated 08-07-2019. The petitioner further stated that Smt. Yarramreddy Kotamma and her husband Yerramreddy Sambi Reddy are trying to grab the land illegally with the help of revenue officials by creating false documents and obtained assignment patta in her name for an extent of Ac.1.65 cents in Sy.No.910/3 in R.Dis/DAR/28/2011, dated 10.08.2011 and subsequently she also obtained Pattadar Passbook and Title deeds. Smt. Yerramreddy Kotamma, filed O.S.No.32 of 2014 before the Principal Junior Civil Judge’s Court, Markapur for permanent injunction against the petitioner and his men and the said suit was withdrawn by Smt. Y. Kotamma. After knowing the same about issuance of pattadar pass book in favour of Y. Kotamma, he filed petition before the Tahsildar, Yerragundapalem to cancel such pattadar pass books. But, without considering his petition, the Tahsildar, Yerragundapalem rejected the same by endorsement MGR, J

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Conclusion

MGR, J

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dated 13-06-2014 and he preferred an appeal before the R.D.O., Markapuram. R.D.O. passed orders on 04-09-2014 canceling the pattadar pass books and directed the parties to maintain status quo till disposal of the final orders in the writ petition. Questioning the order of Revenue Divisional Officer, dated 04.09.2014, Smt. Y. Kotamma filed Revision before the Joint Collector-cum-Additional District Magistrate, Ongole and the same was disposed of by an order dated 03.04.2017 in Revision Petition No.D.Dis.D2/2825/2014 setting aside the order of R.D.O., dated 13-06-2014 to the extent of calling the proposal for cancellation of PPB & TD of Smt. T. Narasamma and the order of the R.D.O., Markapur is upheld to the extent of cancelling the Pattadar Pass book and Title Deed issued to Smt. Y. Kotamma since the issuance of Pattadar pass books are in violation of status quo order dated 18-03-2008 in WPMP.No.5483 of 2008 in W.P.No.5195 of 2008 without going into the merits and demerits of both parties and without any detriment to the claims and counter claims of the parties.

Sri M. Brahma Reddy, learned counsel appearing for the petitioners would contend that the land admeasuring Ac.1.75 cents situated in Survey No.910 of Yerragondapalem village, Yerragondapalem Mandal, Parakasam District is a patta land. He contends that the vendor of the petitioner Smt. Y. Koteswaramma got the property by purchase under a registered sale deed dated 30.04.1985 in turn Kondamma in turn got the property from her brother Chinna Kotaiah through a registered gift deed vide document No.57784, dated 29.1.1984. He further contends that the petitioner MGR, J

W.P.No.4195 of 2008 through an agreement of sale dated 20.07.1985 came into possession of land and the Mandal Revenue Officer, Yerragondapalem, after making enquiry in accordance with the procedure laid down under A.P. Rights in Land and Pattadar Pass Books Act, 1971, had issued Pattadar Pass Book and Title Deed on 27.04.2003 for the extent of Ac.1.75 cents comprised in Sy.No.910/3 and he is cultivating the said land without interruption. The 3[rd]respondent-Tahsildar, Yerragondapalem, Prakasam District, without issuing any notice and contrary to the provisions of A.P. Assigned Lands (Prevention of Transfer) Act, 1997, highhandedly trying to evict the petitioner from the land which is illegal and arbitrary.

In the facts and circumstances of the case and submissions of the learned counsel and on perusal of the record, a reading of the order dated 03.04.2017 passed in Revision Petition No.D.Dis.D2/2825/2014 by the Joint Collector and Additional District Magistrate, Prakasam District, Ongole would show that the land an extent of Ac.1.75 cents situated in R.S.No.910 of Yerragondapalem village was classified as ‘Assessed Waste Dry’ and as such, denoted as Government land and out of the said land, an extent of Ac.1.65 cents of the same R.S. number was assigned in favour of one Nagam Koteswaramma, W/o Devadas by the then MRO vide R.Dis.172, dt. 21-4-1986 and Smt. T. Nasaramma claims that she purchased an extent of Ac.1.75 cents from Nagam Koteswaramma and obtained PPB and TD vide Khata No.162 on 22.1.2008. The order further revealed that Smt. Y. Kotamma claims right over the land on the ground that she was given assignment vide Tahsildar’s MGR, J

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MGR, J

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R.Dis.DAR/28/2011, dated 10.8.2011 and got pattadar pass books and title deed vide Khata No.1570. It further revealed that Smt. Nasaramma had filed W.P.No.16774 of 2014 for a direction to the MRO not to dispossess her from the land and not to take any coercive steps to evict the petitioner from the subject land. The said writ petition is still pending. As seen from the record, the land an extent of Ac.1.75 cents situated in R.S.No.910 of Yerragondapalem village claims to be purchased by the petitioner from Smt. Nagam Koteswaramma, W/o Devadas and was put in possession of the land by virtue of an agreement of sale and the same was assigned to Smt. Y. Kotamma in R.Dis./DAR/28/2011, dated 10.08.2011. Earlier to the said assignment, Nagam Koteswaramma, W/o Devadasu was assigned land an extent of Ac.1.65 cents in R.S.No.910/3 vide DKT Patta vide R.Dis.172, dt. 21.04.1986. It is found that the land in dispute is an assigned land the transfer of which is prohibited under the provisions of A.P. Assigned Lands (Prevention of Transfer) Act, 1977 and authorities has to follow the provisions of Sections 3 and 4 of the Act to resume the land by issuing notices to the occupier of land and assignees and without following the due procedure, any attempt made by the 3[rd] respondent to dispossess the encroachers from the land is illegal and arbitrary.

Accordingly, the writ petition is disposed of directing the respondents not to dispossess the petitioner without following due process of law. The respondents are further directed not to cancel the pattadar pass books and title deeds issued in favour of the petitioners without following due process of law as per the provisions W.P.No.4195 of 2008

of A.P. Rights in Land and Pattadar Pass Books Act and the Rules made thereunder.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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M. GANGA RAO, J

Date: 18-12-2019

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HONOURABLE SRI JUSTICE M. GANGA RAO

Writ Petition No.4195 of 2008

18[th] December, 2019