THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1973 of 2008 Dated:26.08.2010 Between: Savaram Tatayulu, And others. ….Petitioners And The District Collector, East Godavari District, Kakinada, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1973 of 2008 ORDER: The three petitioners are, statedly, members of Harijana Vyavasaya Karmika Sangam (HVKS), Thimmapuram Village near Kakinada in East Godavari District. Their case is as follows. The land admeasuring Acs.66.64 cents in survey Nos.127/1, 127/2 etc., of Thimmapuram Village was leased out to HVKS for the purpose of agriculture, and all the members of the Sangam are cultivating the land. It is their further case that the second respondent sent the list of assigned lands to the third respondent on 22.02.2007, but the particulars of the lands in survey Nos.127/1, 125/pt, 121/4, 127/4, 124/1, 125/pt, 127/5 pt, 126/3 pt, 124/2, 126/3 pt and 127/5 pt were withheld. Therefore, they filed the instant writ petition seeking a direction to the respondents, especially, the second respondent to forward the list of the survey numbers leased out to HVKS, in which the petitioners are members. The second respondent filed counter affidavit. It is admitted that the land was leased out by Tahsildar by proceedings in Ref.B5.1447/76, dated 29.05.1976. It is, however, stated that by order dated 03.05.2007 the first respondent cancelled the lease orders allotting the land to three societies in Ava Tank of Thimmapuram. Thereafter, after conducting the thorough enquiry, the Tahsildar sent the list of all survey numbers to the third respondent, except the particulars of eleven field numbers referred to hereinabove. It is stated that in respect of the excluded survey numbers, some of the private owners filed the suits and obtained decrees in their favour declaring that it is a private land. The following particulars are furnished by the Tahsildar in the counter affidavit. Sy.No. Extent Suit No. & Year 127/1 0-13 O.S.No.1083/76 125/pt 3-00 SA 4/86, 82/86 121/4 1-61 SA 4/86, 82/86 127/4 0-63 - 124/1 1-84 SA 4/86, 82/86 125/pt 3-02 SA 4/86, 82/86 127/5 pt 1-00 1083/76 126/3 pt 1-00 1083/76 124/2 2-66 SA 4/86, 82/86 126/pt 2-18 1083/76 127/5 pt 2-81 1083/76 TOTAL: 19-88 It is also the case of the respondents that in all the suits, the petitioners’ Society was also one of the parties. The petitioners have filed reply affidavit. They stated that against the orders of the District Collector canceling the lease vide orders dated 03.05.2007, the three societies filed W.P.No.12946 of 2007, and the same is pending. They also dispute the claim of private owners that it is a private land. They alleged that as per the village accounts several lands are Cheruvupadakalu forming part of Ava tank of Thimmapuram Village. M/s.V.Kondaiah, R.Venkata Krishna Rao and others approached the Assistant Settlement Officer (ASO) under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. A patta was granted vide proceedings of the ASO in S.R.11(a)186/56. One Sri Veeramreddy filed a revision petition before the Settlement Officer, Machilipatnam, disputing the claim of those persons. The pattas were cancelled. Aggrieved by the same, the claimants filed revision before the Director of Settlements. The order of the Settlement Officer was set aside observing that as the land is a tank bed land, occupancy rights (ryoti rights) cannot be granted to anybody. Against the order of the Director, claimants filed revisions before the Board of Revenue in November 1960. The revisions were dismissed on 31.01.1964. Questioning the same, Sri V.Kondaiah filed W.P.No.620 of 1964 before this Court, which was also dismissed on 06.12.1968. Counsel for the petitioner contends that even if the decrees are passed by the civil Court, the nature of land being part of Ava tank cannot be changed and no rights would accrue. According to the petitioners, Section 8 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (POT Act) bars any suit, and therefore, decrees passed by the civil Court are void being without jurisdiction. Section 3 of the POT Act prohibits the transfer of assigned land by way of sale, gift, exchange, mortgage or by way of any other transaction. Any such transfer shall be deemed to be null and void. Such being the intention of the Legislature, the State has cast an obligation on the District Collector or any other Officer not below the rank of Tahsildar authorized by the Collector to communicate the list of lands assigned to landless poor persons within forty five days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2007. According to the petitioners, the Tahsildar has sent the list of assigned lands, except those which are covered by the Court decrees. This is something, which is curious. All the revenue authorities are required to protect the Government land and also see that assigned lands are properly enjoyed by landless poor persons. If the list of assigned lands is not sent to the jurisdictional registering authority, there is likelihood of assigned lands – as in the past – change the hands in quick succession, especially, in urban areas or growth centers. The first respondent would do well, at least now, to identify all the assigned lands in East Godavari District, and direct all the Tahsildars in his jurisdiction to communicate the list of assigned lands to the registering authorities to avoid hardship to the assignees as well as the greedy purchasers of assigned lands. In this case, there is no denial that the Tahsildar has already sent the list of leased lands to the third respondent. Further, the Tahsildar has justifiable reason for not including those survey numbers which are covered by Court decrees. The same cannot be faulted, as the public authority is bound to respect the Court orders. Therefore, no relief can be granted in this writ petition. The Writ Petition is disposed of with the above observations. There shall be no order as to costs. __________________ (V.V.S.RAO, J) 26.08.2010 Note: Issue C.C in one week. B/o. vs