IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No.6846 of 2000 Between: 1 Lanka Mohan, S/o. Lanka Narsimlu, R/o. Khanpur, Harijanwada, Adilabad. 2 Lanka RajaRam, S/o. Lanka Narsimlu, R/o. Khanpur, Harijanwada, Adilabad. 3 Lanka Ashanna, S/o. Lanka Rajmallu, R/o. Khanpur, Harijanwada, Adilabad. ..... PETITIONER(S) AND 1 The State of A.P., Rep by its The Chief Commissioner of Land Administration, Nampally Road, Hyderabad. 2 The Joint Collector, Adilabad. Adilabad District. .....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 to issue appropriate Writ, Order or Direction more Particularly one in the nature of Writ of Mandamus declaring the order of respondent No.1 in Proceedings No. BCW/4/805/99; dated 22-03-2000; conﬁrming the cancellation Orders of the petitioners patta certiﬁcates Dated: 19-09-1961, in respect of Agricultural land in Survey No. 21/36, 21/37, and 21/38, situated at Dasnapur Village, Adilabad Mandal, Adilabad, measuring 5 Acres of land each [ total 15 acres of land], passed by respondent No. 2 vide Proc.No. B1/6556/97, dated 26.12.1998, as illegal, arbitrary, violative of principles of natural justice and fair play consequently set aside the orders of respondent No. 2 in Proc.No. B1/C. No. 9/73, dated: 11-06-1975, and pass such other order as may be just and proper in the circumstances of the case and in the interest of justice and fair play. Counsel for the Petitioner:MR.K.RAMA SUBBA RAO Counsel for the Respondents: GP FOR ASSIGNMENT The Court made the following Order: Petitioners, three in number, seek a writ to declare the order of the ﬁrst respondent in proceedings dated 22- 03-2000 conﬁrming the cancellation orders of the petitioners’ patta certiﬁcates dated 19-09-1961, in respect of agricultural land admeasuring Ac.5.00 each (total extent of Ac.15.00), passed by the second respondent dated 26-12-1998, as arbitrary and illegal. Facts to the extent necessary are that the petitioners’ forefathers were Shivai Jamedars in respect of certain agricultural lands admeasuring Ac.5.00 each in all Ac.15.00 in Sy. Nos. 21/1, 21/36, 21/37, and 21/38 of Dasnapur Village, Adilabad Mandal, Adilabad District. On the basis of the representations seeking grant of patta certiﬁcates, the lands were assigned in favour of the petitioners’ forefathers on 19-09-1961. On coming to know that the assignment was cancelled on 11-06-1975, the petitioners ﬁled W.P.No.13501 of 1987, and this Court, by its order dated 19-01-1990, while noting that an appeal lay against the impugned order and that the petitioners had already submitted a representation to the second respondent- District Collector, held that the said representation may be treated as an appeal. The second respondent was directed to dispose of the same within a period of two months from the date of receipt of the order. Thereafter, the Joint Collector passed an order dated 04-09-1991 conﬁrming the earlier orders of cancellation. Aggrieved thereby, the petitioners preferred an appeal to the Commissioner of Land Revenue who, by proceedings dated 09-10-1998, set aside the order of the Joint Collector and remanded the matter back to him for de novo enquiry, after giving an opportunity of hearing to the petitioners. The Joint Collector, vide proceedings dated 26-12-1998, observed that the assignment was made by the Tahasildar, Adilabad, vide proceedings dated 19-09-1961, without obtaining prior permission as contemplated in G.O.Ms.No.1122 dated 29-06-1961 and that the assignment was made just two months twenty days after the issuance of the Government Order which stipulated the condition that prior permission of the Government had to be obtained. The Joint Collector concluded that the action of the Tahasildar, Adilabad, in assigning the land even if somebody was in possession, was wrong as it violated the orders in G.O.Ms.No.1122 dated 29-06-1961. Accordingly, the earlier order passed by the Joint Collector, in proceedings dated 11-06-1975, cancelling the irregular assignment of government land by the Tahasildar was upheld. Aggrieved thereby, the petitioners preferred an appeal to the Commissioner of Appeals, Oﬃce of the Chief Commissioner of Land Administration who, by order dated 22-03-2000, rejected the appeal. In his order, the appellate authority held that pattas were granted in the year 1961 to several individuals, that the land was within the municpal limits of Adilabad Town, that the Tahasildar had no power to grant pattas as per Government Orders, that action was initiated to cancel pattas in the year 1971, that pattas were cancelled by the Collector in the year 1975 after following due procedure, that possession of land was taken over in 1979 as per records and, therefore, he saw no reason to interfere with the order under appeal. With regards the allegation that some others were trying to get into the land, the appellate authority directed the Collector to conduct a thorough probe into the matter and directed that, once the lands were resumed, they be retained with the Government only and that the claims of other private parties over the land not to be entertained. Sri K.Rama Subba Rao, learned counsel for the petitioners, would contend that the ﬁndings of the appellate authority that the land was within the limits of Adilabad Town is erroneous since it is beyond one kilometer distance of the town and falls within the limits of Dastnapur Village and, since the petitioners were admittedly in possession even prior to grant of pattas in their favour, issuance of patta was a mere formality and, therefore, the Government Order referred to hereinabove had no application. The fact that the land was assigned in favour of the petitioners’ forefathers vide proceedings of the Tahasildar dated 19-09-1961 is not in dispute. It is evident, therefore, that the Government Order in G.O.Ms.No.1122 dated 29-06-1961 was issued prior thereto, whereunder prior permission of the Government was required to be obtained before the land was assigned. It is on the ground of failure to obtain prior permission of the Government that the Joint Collector, Adilabad had upheld the earlier cancellation of assignment dated 11- 06-1975. Even if the observations of the appellate authority with regards the land falling within the town limits is erroneous, it is not in dispute that the assignment was contrary to the conditions prescribed in G.O.Ms.No.1122 dated 29-06-1961 wherein prior permission of the Government had to be obtained, I see no reason, therefore, to interfere with the orders passed. Since the land assigned to the petitioners was resumed on the ground of failure to obtain permission from the Government, it is made clear that, in case the petitioners are eligible to be assigned lands, it is open to them, notwithstanding the aforementioned orders of the Joint collector and Commissioner of Appeals, to submit a representation to the competent authority who shall, after complying with all the prescribed conditions, take a decision in accordance with law with regards assignment of land to the petitioners. Subject to the above observations, the writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Dt:04-11-2008 usd To 1 The Chief Commissioner of Land Administration, Nampally Road, Hyderabad. 2 The Joint Collector, Adilabad. Adilabad District. 3 Two CCs to GP for Assignment, High Court Buildings, Hyderabad (OUT) 4 Two CD copies