Shaik Mohammad Shabbir, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.35677 OF 2017 ORDER:

The case of the petitioner is that land to an extent of Ac.4-36 cents in Sy.No.681/2 of Tadigotla Village, C.K.Dinne Mandal, Y.S.R.District was assigned in favour of father of the petitioners by name Late Abdul Lateef through D.Form Patta in the year 1976. Thereafter, said Lateef brought the said land into cultivation and in possession of the same till his demise and pattadar passbook and title deeds were issued in his favour. After demise of father of the petitioners, subject land devolved on them and they are in possession and enjoyment till the year 2008. In the year 2008, respondents 2 and 3 have taken possession of the subject land forcibly without following due procedure and handed over the same to Airport Authority of India for development and Airport Authority put the same for usage.

Further more, the respondents 2 and 3 informed that subject land is an assigned land, as such the petitioners are not entitled for compensation. On that the petitioners filed several representations dated 24-10-2008 and 05-09-2017 submitting that assignees are also entitled for compensation on par with the private patta land owners. But the respondents have not paid the compensation. Aggrieved by the same, the present writ petition is filed.

Heard learned counsel for the petitioners, who submits that even in case of assigned land, the petitioners are entitled for compensation as owners in terms of judgment of Revenue Divisional Officer v. Mekala Pandu1.

Heard learned Assistant Government Pleader for Assignment, who seeks time for getting instructions. In view of the same, the competent authority is directed to consider the representations of the petitioners and take action in terms of said judgment within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 30-10-2017 Nvl 1 2004 (2) ALD 451