IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27146 of 2008 Between: 1 P.V. Anuradha W/o. Jaya Prakash R/o. Near Railway Gate, Ooturkur, Kadapa District. 2 P.V. Lakshmi Kumari W/o. Bhaskaraiah R/o. Near Railway Gate, Ooturkur, Kadapa District. 3 S. Venkata Seshamma W/o. Late Muniswamaiah R/o. 1/32, Chemmumiapet, Kadapa. 4 D. Domnick S/o. Deve Sahayam R/o. 3/1764, Sionpuram, Kadapa. 5 A. Indira W/o. Srinivasulu Naidu R/o. 10/46, Near Padmavathi Kalyana Mandapam, Devuni Kadapa, Kadapa District. 6 K. Sri Devi W/o. K. Lakshmi Narayana R/o. 7/599-1, Jaya Nagar Colony, Kadapa. 7 Y. Narasimhulu S/o. Narasaiah R/o. Nadimpalli, Buddaya Palli Post Kadapa. ..... PETITIONERS AND 1 The State of Andhra Pradesh Reo. by the District Collector Kadapa. 2 The Revenue Divisional Officer Kadapa. 3 The Mandal Revenue Officer Kadapa. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ Order or Direction particularly Writ of Mandamus directing the respondents to restore possession of the lands to the petitioners in S.Nos. 234/1 an extent of Ac.3-83 cents, 234/2 an extent of Ac.3-98 cents, 235/2 an extent of Ac.4-47 cents, 207/2 an extent of Ac.3-00 cents, 207/1 an extent of Ac.4-71 cents, 205/ an extent of Ac.3-96 cents, 204/5 an extent of Ac.2-44 cents of dry land in Putlampalli Village, Kadapa Mandal respectively, which are resumed for public purpose by declaring the common resumption order passed by the M.R.O. Kadapa in his proceedings Ref. No. B / 1085 / 2004 dated 15-11-2004 without communicating the same and without following due process of law as illegal, arbitrary and violative of principles of natural justice. Counsel for the Petitioners:SRI M.N.NARASIMHA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27146 of 2008 ORDER: This writ petition is filed challenging the proceedings of third respondent dated 15.11.2004 whereby and whereunder the lands assigned to petitioners in 1984, were resumed to Government for public purpose, for construction of medical college/sports school. Be it noted that lands of other such alienees numbering about 130 were also resumed. It is the case of petitioners that from the date of assignment they are in possession of the lands and are eking out their livelihood by cultivating the said lands. It is also their case that notices claimed to have been issued were not communicated to them and resumption orders issued in their back are not served to them. In this writ petition in addition to impugning resumption proceedings of Mandal Revenue Officer (MRO), Kadapa Mandal, petitioners also seek consequential direction for payment of compensation in accordance with law. The writ petition is opposed by learned Assistant Government Pleader for Revenue (General-Andhra Area). Two contentious issues raised by learned Counsel are that notice was not issued to petitioners before passing resumption orders and that copy of order was not served on them. Relying on impugned order itself, learned Assistant Government Pleader submits that notices were served by affixing such notice in fields on 24.10.2004, which is sufficient compliance with rules of natural justice. A perusal of impugned order would show that notices could not be served on assignees allegedly for the reason that their addresses were not clear and lands were not cultivated. A large number of persons were assigned lands situated in Putlampalli village of Kadapa Mandal. When large number of persons were assigned lands and lands were sought to be resumed on the ground that they are required for public purpose and also on the ground that they were not brought into cultivation as per the conditions of assignment, no serious objection can be taken for substituted service taken up by revenue officials. This Court however hastens to add that notices in question were served or not is itself a disputed question of fact, which can be agitated before the Revenue Divisional Officer (RDO) under Para 15(15) of Board Standing Orders. Petitioners have approached this Court after long delay of four years without filing appeals. In addition to the two submissions noticed herein, learned Counsel for petitioners also vehemently contends that even when land is resumed, petitioners are entitled for compensation in accordance with principles adumbrated in Land Acquisition Act, 1894. This is not seriously disputed nor denied. Larger Bench of this Court in LAO-cum-RDO, Chevella Division, Domalaguda, Hyd v Mekala Pandu[1] has considered this aspect of the matter and laid down as under. In the circumstances, we hold that the assignees of the Government lands are entitled to payment of compensation equivalent to the full market value of the land and other benefits on part with full owners of the land even in cases where the assigned lands are taken possession of by the State in accordance with the terms of grant or patta, though such resumption is for a public purpose. We further hold that even in case where the State does not invoke the covenant of the grant or patta to resume the land for such public purpose and resorts to acquisition of the land under the provisions of the Land Acquisition Act, 1894, the assignees shall be entitled to compensation as owners of the land and for all other consequential benefits under the provisions of the Land Acquisition Act, 1894. No condition incorporated in patta/deed of assignment shall operate as a clog putting any restriction on the right of the assignee to claim full compensation as owner of the land. In view of settled legal position, this Court is not inclined to accept the writ petition. Petitioners are given liberty to prefer appeal before RDO within a period of four weeks from the date of receipt of a copy of this order. Liberty is also given to petitioners to make appropriate applications to District Collector, Kadapa, claiming compensation in accordance with principles laid down in Mekala Pandu (supra). As and when such applications are made, District Collector shall conduct enquiry and pass necessary orders within a period of eight weeks from the date of receipt of such applications. The writ petition is accordingly disposed of. No costs. _____________ (V.V.S.RAO, J) 15.12.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ} [1] 2004 (2) ALD 451 (LB)