IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 1332 of 2001 Between: 1 Machina Venkata Rama Krishna, S/o. Appa Rao, R/o. Kanupuru Village, Korukonda Mandal & Taluk, East Godavari District. 2 Nekkanti Durga Prasad, S/o. Sri Krishna Rao, R/o. Kanupuru Village, Korukonda Mandal & Taluk, East Godavari District. 3 Nekkanti Suryam, S/o. Sri Krishna Rao, R/o. Kanupuru Village, Korukonda Mandal & Taluk, East Godavari District. 4 Movva Ramesh Babu, S/o. Sri Dayanandam, R/o. Kanupuru Village, Korukonda Mandal & Taluk, East Godavari District. 5 Adapa Venkateswara Rao, S/o. Sri Ramaiaha, R/o. Kanupuru Village, Korukonda Mandal & Taluk, East Godavari District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep. by the District Collector, Collectorate Compound, Kakinada-4, East Godavari District. 2 The Sub Collector, Rajahmundry Sub-Division, Sub Collector's Office, Rajahmundry, E.G.District. 3 The Mandal Revenue Officer, Korukonda Revenue Mandal, Korukonda, E.G.District. 4 Smt. Korpu Atchamamba, W/o. Sri K.V.Ramakrishna, and convenor of Assignment Committee, Burugupudi Constituency, Raghavapuram, Korukonda Mandal, E.G.District. 5 Sri Kuchimanchi R. Soma Sundaram, S/o. Late Sri Chittam Raju GAru, R/o. Ramavaram, Hamlet of Jaggampeta Village, Jaggampeta Mandal, East Godavari District. 6 Smt.Mulagada Subbalakshmi, W/o. Late Sri Venkata Ramaiaha, (Daughter-in-law of Late Sri Mulagada Chinnayya), R/o. Rajavaram, Hamlet of Kanupuru Village, Korukonda Mandal, East Godavari District. .....RESPONDENT(S) 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring to grant pattas to Third Parties with respect to the lands Bhoodan Yagna Board vested in A.P.Bhoodan Yagna Board as contrary to the provisions of the A.P.Land Reforms (Ceiling on Agricultural Holdings ACt) and Rules 1974, in LCC.No.1186/RJY/75 as illegal arbitrary, capricious, violative of Art.14 of Constitution of India and opposed to law and to pass Counsel for the Petitioner:MR.ERANKI.PHANI KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 1332 OF 2001 ORDER: 1. The petitioners are assignees from Andhra Pradesh Bhoodan Yagna Board. Each of the petitioners are granted patta with respect to the different parts of the land in question as detailed below:- ___________________________________________________________________ Sl. Name of the Father’s S.No. Extent Patta No. Village No. Pattadar Name Ac. Cs. ________________________________________________________________________________ 1. Machina Sri Appa Rao 494 1-00 dry 14574 Konupuru Venkata Rama Krishna ( 1st Petitioner) 25-3-1997 2. Nekkanti Krishna Rao 494 0-66 14573 -do- Durga Prasad (2nd Petitioner) 25-3-1997 3. Nekkanti Suryam Krishna Rao 494 1-00 14572 -do- (3rd petitioner) 25-3-1997 4. Muvva Ramesh Dayanndam 494 1-00 14571 -do- Babu (4th Petitioner) 25-3-1997 5. Adapa Venka- Sri Ramaiah 494 1-00 Wet 14570 -do- teswara Rao (5th Ptitioner) 25-3-1997 _______________________________________________________________________________ 2. The total extent of land is Ac. 4-66 cents. It is however averred in the affidavit filed in support of the petition that the original owner Mulagada Chinnayya, who is no more and who is represented by 6th respondent, had filed a declaration with respect to all his agricultural lands. It is alleged that though he has donated the land in question under a gift dated 6-8-1964, it is still shown in his declaration and in pursuance of the final order passed in the said declaration, the present lands in question are proposed for surrender. The petitioners alleged that the official respondents 1 to 3 at the instance of the 4th respondent are attempting to assign the land held by them in favour of some third parties. Questioning the same, they have filed the present writ petition. 3. While admitting the writ petition this Court granted interim directions as prayed for by order dated 31-1-2001 whereby the respondents 1 to 3 were directed not to interfere with the petitioner’s possession of their respective lands as detailed above. 4. Counter affidavit has now been filed by the respondents 1 to 3 asserting that the declaration of all the lands of the declarant as on 1-1-1975 has been finally determined and towards excess land, the lands in question are already proposed for surrender and after the finalization of the surrender proceedings the same is to be allotted as per the Policy of the Government, to the landless poor persons. In the counter affidavit it is also asserted that neither the declarant, nor the petitioners nor the Bhoodan Board at any time, filed objections or otherwise, brought the aforesaid facts as alleged in the affidavit, to the notice of authorities under the Land Reforms Act. The action of the respondents 1 to 3, therefore, is asserted to be in accordance with the A.P. Land Reforms Act. 5. I have heard Sri Eranki Phanikumar, learned counsel for the petitioners and learned Government Pleader appearing for the respondents. 6. The issue arises with respect to the interpretation of Section 15 of the A.P. Bhoodan and Gramadan Act, 1965. Section 15(4) (a) is relevant in the above said purpose. “15. Preparation of list of lands donated prior to commencement of this Act:- 1. the Board shall prepare a draft of a list of all the lands in the territories of the State of Andhra Pradesh other than those in the Telangana area which have been donated and accepted for the purposes of Bhoodan Yagna or Gramadan prior to the commencement of this Act showing therein: 4) The list so finalized by the Board under sub-section (3) shall be published in the Andhra Pradesh Gazette, and on such publication:- a) the rights, title and interest of the donor in such land shall with effect from the date of donation and subject to any decision in a suit under Section 29 or in a further proceeding in relation to such suit, be deemed to stand transferred to, and vest in the Board as if declaration has been duly filed and confirmed in respect thereto under, and in accordance, with the provisions of Sections 12 and 13.” 7. Under the aforesaid provision the vesting of the land place in the Bhoodan Board, from the date of donation. The petitioners alleged that the date of gift is dated 6-8-1964 and in support of the same, he placed reliance in the preliminary and final gazette notification issued by the State of Andhra Pradesh in pursuance of Section 15(2) of the A.P. Boodan and Gramdan Act, 1965. Preliminary notification is dated 10th June, 1995 and Annexure thereto, with respect to the denors/declarant M. Chinnayya shows the land Ac.4-66 cents in Survey No.494, with which the present writ petitioners are concerned. In Column No.11, the date of gift also shown as 6-8- 1964. After the aforesaid, as no objection was received to the preliminary gazette notification, a final gazette was notified in A.P. Gazette Part II, dated 11th November, 1993 wherein similar entries as found as in the preliminary gazette. 8. From the above, therefore, it is clear that the vesting of the land in the Bhoodan Board with effect from the date of gift i.e. 6-8-1964 ( though in final notification instead of 64, 84 is printed). In any case, the fact remains that there were no objections to the preliminary notification which correctly mentioned the date of gift as 6-8-1964 and by virtue of Section 15(4) (a) as extracted above, it has to be held the land always stood vested with the Bhoodan Board. 9. In addition thereto, Section 23 of the A.P Land Reforms Act specifically exempts under clause (g) all lands as vested in the A.P. Bhoodan Board and in view of the same the very applicability of the A.P land Reforms Act, 1973 to the lands in question has to be answered in negative and the aforesaid land is outside the purview of the A.P. Land Reforms (Ceiling on the Agricultural Holding) Act, 1983. Further under Rule 8 of the A.P. Land Reforms Act, even assuming that there was surrender of these lands by the declarant, the authorities did not serve a copy of the order with respect to the finalization of the surrender on the person in possession and occupation of such land. The very object and purpose of the aforesaid provision being to enable the said person in possession, to asserts, his right, title and interest and thereupn the State would choose to accept or reject the said surrender. 10. In the present case, no such procedure under Rule 8 as been followed under the Land Reforms Act. Even on that count also the respondents 1 to 3 are not justified in interfering with the petitioner’s possession of their respective lands. 11. Apart from both the glaring aspects mentioned above, each of the petitioners as shown above, were granted assignment by the Bhoodan Board only on account of the fact that each of the petitioners is landless poor person and the assignment is hardly Ac.1-00 of the dry land. It is therefore, wholly unintelligible and irrational for the respondents 1 to 3 to disturb the petitioners herein and to allot the very same land to other landless poor persons. 12. In totality of the circumstances, therefore, I am satisfied that the mandamus as prayed for deserves to be issued. 13. The Writ Petition is accordingly allowed however, there shall be no order as to costs. It is also made clear that this order shall not preclude the State from seeking surrender of any other alternate land of the declarant for the purpose of satisfying the excess land found determined against the declarant. ___________________________ Justice Vilas V. Azfulpurkar 16th December, 2008. KM THE HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 1332 OF 2001 16th December, 2008