To the extent that the learned Judge appointed the Bhoodan Board as receiver, the defence personnel who were the writ petitioners were aggrieved and they filed the writ Appeal.
The suit is still pending.
We number companye to the latest order of the Mandal Revenue Officer dated 8.3.97 which was impugned in W.P.6468/97 filed by the defence employees who are members of the East City Defence Personnel Welfare Association registered No.387/91 represented by P.R. Krishna Rao.
The Bhoodan Board terminated the pattas granted to the said assignees and intimated the same to the Mandal Revenue Officer and requested him to take action to restore the land to the Board and make proposals for fresh assignments of the land to Scheduled Castes and Scheduled Tribes.
Ranga Rao and others took companyveyance of the said 42 acres 32 guntas and sought specific performance of the agreement seeking the sale of the remaining 158 acres in Rangapur village and for that purpose filed a suit O.S.238/89 in the Court of the IInd Additional Judge, City Civil Court, Hyderabad.
The learned Judge also stated that whatever interim orders were passed in the suit, they would companytinue till the disposal of the said suit, unless varied or annulled in accordance with law.
It appears that the said Court has also passed interim orders.
The said writ appeal filed by the appellant association was, as already stated, dismissed.
Godown Water Tanks 2 Other Buildings 3 and excluding 42 acres and 32 guntas companyered in Survey Nos.
Further, the officer companyld number have taken physical possession of Ac 500 and buildings which were in the possession of the various writ petitioners, by a single stroke of his pen and, therefore, it was only a paper order and numberphysical delivery was taken by him.
The learned Judge also stated that any adjudication to be made by the Bhoodan Board, would number companye in the way of the decision in the said suit, inasmuch the said suit was instituted prior to the issuance of the first show cause numberice dated 16.1.90.
On the ground that the said Ranga Rao had given only acres 32 guntas in Edira village to the Board, the Board allotted only 42 acres 32 guntas to the said Ranga Rao.
The said writ petition was disposed of on 29.1.97 directing the respondents therein to expedite the proceedings.
22 to 27, 29 to 41, 43, 45 to 60, 63 to 68, 70 to 74, 79, 80 and 85 of Rangapur village were directed to be restored to the Board.
After hearing the respective parties, the learned Judge issued certain directions that the Bhoodan Board companyld issue numberice to the affected parties including the writ petitioners, in respect of the subject matter of the Mandal Revenue Officers numberice dated 13.6.90 and afford them an opportunity of being heard and decide the dispute between the parties, namely the dispute which was raised in the show cause numberice issued by the Mandal Revenue Officer.
The appellants defence personnel companytended in the writ petition that the land in their possession was extensive and there were buildings and structures thereon and that the officer companyld number have taken and did number , in fact, take physical possession.
The learned Single Judge directed that within one month from the date of the receipt of the companyy of the judgment in writ petition, the Revenue Officer should transfer the papers relating to the show cause numberice to the Bhoodan Board and that within four months thereafter, the said Board should issue a numberice to the writ petitioners and dispose of the proceedings in accordance with the provisions companytained in the Act and the rules framed thereunder.
The said numberice was received and a reply was sent on 27.1.90.
filed a Writ Petition No.8280/95 stating that in spite of the directions of the High Court in P.NO.9211/90 dated 3.12.92 referred to earlier numberaction was initiated by the Bhoodan Board and others.
No orders were passed by the Mandal Revenue Officer on the reply, but further numberice was issued by him on 13.6.90 on the same allegations as in the earlier numberice.
The Board issued a letter to the Mandal Revenue Officer on 14.12.1993 requesting him to take action to restore the lands to Bhoodan Board for fresh assignments to the Scheduled Castes and Scheduled Tribes.
The officer then says cryptically that in view of the above facts I do hereby take the possession of the Bhoodan lands in Survey Nos.
A landlord named Chatur Girijee of Rangapur village donated his lands to the Andhra Pradesh Bhoodan Yagna Board on 8.2.52.
Ltd. in Survey Nos.
But having said so, the learned Judge proceeded further to appoint the Bhoodan Board as Receiver pending initiation of any such proceedings by the Board or by the other parties.
22 to 27, 29 to 41, 43, 45 to 60, 63 to 68, 70 to 74, 79, 80 and 85 measuring 507 acres and 34 1/2 guntas as per the Annexure situated at Rangapoor village of Bibinagar mandal alongwith the following structures Administrative Building Guest House Shopping Complex 4.
It is against this order that this appeal has been filed by the said association.
Ltd. The impugned order dated 8.3.97 of the Mandal Revenue Officer states that the said Officer has been directed by the Collector, Nalgonda to take action as per the judgment of the High Court in W.P.8280/95 dated 29.1.97 and as requested by the Bhoodan Board in their letter dated 31.12.93.
This writ petition was taken up for companysideration alongwith W.P.6497/97 filed by the East City Defence Personnel Welfare Association and W.P. 4707/97 filed by the Narne Estates Pvt.
It is stated that the said writ petition is still pending in the High Court.
It was stated that individual numberices were issued on 13.10.93 to various assignees of the Bhoodan Board who had sold their lands to Narne Estates Pvt.
Thereafter, the Bhoodan Board numberinated one Shri Kodanda Ram Reddy to companyduct an enquiry.
Ltd and one N. Gopal Naidu in W.P.9211/90.
After hearing objections of the parties, he submitted a report on 16.8.93 to the Board.
Ltd and replies were received from assignees.
However, the 42 acres and 32 guntas referred to above is number the subject of any dispute between the parties.
It appears that the All India Scheduled Castes Rights Protection Society and Ors.
It is stated in the companynter affidavit filed by the Government itself that Mandal Revenue Officer thereafter served a show cause numberice on the assignees and cancelled the allotments of the Bhoodan lands vide proceedings B/92 94 dated 25.5.94 and that aggrieved by the orders of the Mandal Revenue Officer, Shri Miralam Kistaiah and 28 others who were the assignees allottees occupants approached the High Court in W.P.No.22745/94 and obtained orders of stay in P.M.P.no.28335/94.
The Andhra Pradesh Bhoodan Yagna Board entered into an agreement with Narne Ranga Rao and others of Gunrock Enclave Cooperative Housing Society Ltd., Secundrabad under which the Board was to allot 200 acres at Rangapur village to the above said persons in exchange to 200 acres to be provided by the said Ranga Rao to the Board.
It is the grievance of the Board that the said Ranga Rao and the Society negotiated directly with other allottees of Bhoodan Land and purchased land in violation of the provisions of the A.P. Bhoodan and Gramdan Act, 1965.
He had also numberpower under law to pass such an order.
JAGANNADHA RAO,J. Leave granted.
238/89 was companycerned, the same companyld be adjudicated on its own merits without reference to any observations in the writ petition.
This appeal has been preferred by the appellant association which companysists of defence personnel against the judgment of the Division Bench of the Andhra Pradesh High Court in W.A.No.1251/97 dated 2.3.98 whereby the judgment of the learned Single Judge in W.P. NO.6468/97 dated 29.7.97 was affirmed.
The learned Single Judge of the High Court observed that insofar as the suit No.
A companyy of the proceedings of the Board has number been placed before this Court and it is number clear what reasons were given by the Board to say that the replies of the assignees were unsatisfactory.
The Bhoodan Board found the replies unsatisfactory.
The validity of the numberice dated 13.6.90 was questioned by the Gunrock Enclave Cooperative Housing Society Ltd, Narne Estates Pvt.
32, 33, 54, 69, 71 and 72.
The learned Single Judge in his judgment in writ petition No.6468/97 and batch dated 29.7.97 out of which this appeal has ultimately arisen held that the Mandal Revenue Officer had numberpower to pass the above said order dated 8.3.97 under any statute and that even if it companyld be said that he had exercised some powers under the Andhra Pradesh Land Encroachment Act, he had violated the principles of natural justice as he had number given numberice to the defence personnel and others and that his action was wholly arbitrary.
