( 1 ) THIS writ petition is filed challenging the orders passed by the 5th respondent-Mandal revenue Officer, Adilabad vide proceedings no. C/7006/92, dated 19-11-1997 cancelling the assignment granted in favour of one mirza Mohammad Ali Baig.

( 2 ) THE petitioner is the purchaser of the land assigned to Mirza Mohammad Ali baig. The said person was assigned this land under Laoni Rules of 1347 Fasli to an extent of Ac. 12. 00 in S. No. 2/3 of Dasnapur village, Adilabad Taluk and District.

( 3 ) IT is the case of the petitioner that mirza Mohammad Ali Baig was granted patta by the District Collector, Adilabad bearing No. 156 of 25-4-1356 Fasli under Laoni Rules, 1347 Fasli. The correspondence took place for cancellation of the patta on the ground that he did not cultivate the land within 3 years which is one of the conditions for grant of assignment. But those grounds need not be referred to as the Board of Revenue has directed the authorities not to cancel the patta on that ground and close the file. However, the original assignee sold the land to one Raji reddi on 4-5-1970 by a registered deed. In turn Raji Reddi sold the same under a registered sale deed on 29-03-1973 to the petitioner. While the matter stood thus, the petitioner was issued a show-cause notice dated 11-4-1997 as to why the assignment should not be cancelled and the transfer in his favour should not be declared as hit by the provisions of the Andhra Pradesh assigned Lands (Prohibition of Transfers) act, 1977 (Act 9 of 1977 ). To the said show-cause notice, the petitioner submitted an explanation on 10-4-1997. However, the order was passed on 19-11-1997 resuming the land from the possession of the petitioner on the ground that the transfer was in contravention of the provisions of Section 3 of Act 9 of 1977. The said order was assailed in this writ petition.

( 4 ) THE learned Senior Counsel appearing for the petitioner submits that the entire approach of the authorities is illegal and contrary to law. The land in question does not fall within the definition of the assigned lands inasmuch as there was no condition of non-alienability. The only condition which was attached for grant of assignment is that the land should be cultivated within 3 years from the date of assignment. He further submits that the show-cause notice was issued on the basis of G. O. Ms. No. 1406, dated 26-07-1958, wherein a condition of heritability and non-alienability is contained. Therefore, the order passed is illegal and the same is liable to be set aside. He further submits that in N. Jagadish Babu v. Geeta bai1 this issue was considered by this Court and also in Rambagh Satyanarayana v. Joint collector, R. R. District, Hyderabad2 wherein it was held that if the condition of non-alienability is not there in the order of assignment or such a condition is not available in the relevant rules as on the date when the assignment was granted, it is not permissible for the authorities to take action under Section 3 of Act 9 of 1977.

( 5 ) THE learned Government Pleader, however, submits that the very intendment of grant of patta to the landless poor is frustrated if the assignee is allowed to transfer the land in favour of the third parties and even as per the special Laoni Rules, for violation of any condition of assignment, the same is liable to be cancelled. He refers to clause 16 of the conditions of Laoni Rules (Special) and submits "if the land has been transferred in contravention of the above conditions", it is always open for the authorities to resume the land. He relies on the judgment of this Court reported in k. Narayanaswami Naidu v. State of A. P. represented by the District Collector, chittoor and others3 and also a decision reported in Dharma Ready v. Sub-Collector, bodhan, Nizamabad District4. The learned counsel also submitted that an appeal is available to the petitioner under the rules and the petitioner without filing any appeal, filed the present writ pe