IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7790 of 2005 Between: Gowragalla Bala Swamy and 34 others ..... PETITIONERS AND State of A.P. rep by its Secretary, Revenue Department, Secretariat, Hyderabad and 3 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.7790 of 2005 O R D E R: Petitioners, numbering in 35, filed this Writ of Mandamus declaring the action of the respondents in dispossessing them from the lands in question which were assigned in their favour, without following due process of law, as illegal and arbitrary. It is stated that the petitioners have been assigned small different extents of lands 30 years back, as mentioned in the writ affidavit, situated in Chityala village, Wanaparthy Mandal, Mahaboobnagar District. It is stated that the said lands were assigned to the petitioners under Assignment Rules. The petitioners are landless poor and belong to Scheduled Caste and they are entitled for assignment. It is stated that the petitioners have been living by cultivating the said lands. While so, without issuing any notice, the petitioners are sought to be dispossessed with a view to allot the said lands and handover the same to the B.C.Welfare Department for the purpose of constructing B.C(Boys) residential school at Chityala village vide proceedings No.E2/7062/2000 of the Collectorate, Mehaboobnagar dated 24.06.2004. A counter is filed stating that in fact, the Mandal Revenue Officer, Wanaparthy issued orders in proceedings No.C/5899/2000 dated 21.01.2005 stating that the Revenue Divisional Officer, Wanaparthy issued instructions to resume the Government land assigned in Sy.No.209 of an extent of Ac.43.00 which is required for public purpose i.e. for construction of BC Welfare Hostel Building etc. Accordingly, Notice in Form-1 has been issued to all the beneficiaries to submit relinquishment while vacating the land within 15 days, but the assignees refused to receive the said notice and not submitted relinquishment. As the assigned lands can be resumed at any time for the public purpose, the assignment made in favour of the petitioners was cancelled and the assigned land was taken into Government custody. The learned Government Pleader submits that BC hostel is sought to be constructed in Ac.9.09 cents in Sy.Nos.62, 137 and 134. As per the orders dated 21.01.2005 the land of the petitioners is required for the public purpose. If that be so, the assignment cannot be cancelled without paying compensation as per the market value. It is stated that the Government issued orders for payment of compensation based on the market value as and when the assigned lands are resumed for the public purpose. The learned counsel for the petitioners submits that as per the judgment of the Larger Bench of this Court in the case of Land Acquisition Officer-cum-Revenue Divisional Officer, Chevella Division, Hyderabad vs Makala Pandu[1], the assignees of the Government land are entitled for payment of compensation equivalent to the full market value of the land and other benefits on par with full owners of the land, even in cases where the assigned lands are taken possession by the State, in terms of the grant or patta, though such resumption is for a public purpose. The Larger Bench further held that even in cases 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, the assignee shall be entitled to compensation as owners of the land and for all other consequential benefits under the provisions of the Land Acquisition Act. It is stated that the said judgment of this Court was stayed by the Hon’ble Supreme Court, and thereafter the Government issued guidelines for payment of the compensation based on the market value, but not under the provisions of the Land Acquisition Act. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, directing the respondents to pay compensation as per the instructions given by the Government even in respect of the assigned lands of the petitioners, within a period of 8 (eight) weeks from the date of receipt of a copy of this order. If any portion of the said land is not required for the public purpose, the said land may be reassigned in favour of the petitioners. No order as to costs. ________________ V.ESWARAIAH,J Dated: 31.03.2011 Dsr [1] AIR (AP) (2004) 250