Attachment of agricultural lands does not require sanction under Section 47 of the Hyderabad Tenancy and Agricultural Lands Act (XXI of 1950).

JAGANMOHAN REDDY, J.

( 1 ) THE only question involved in this C. M. S. A. before us is whether ollala Ambiah v. Avadhanula Mallanna, (1964) 1 Andh WR 319: (AIR 1964 Andh-Pra 514) requires re-consideration in so far as it affects attachments of properties in execution of decrees obtained against agriculturists governed by the provisions of the Hyderabad Tenancy and Agricultural Lands Act (XXI of 1950) (hereinafter called the Act ).

( 2 ) IT may be stated that the Munsif Magistrate, Kamareddy passed an order on 30-4-1959 directing the decree-holder to obtain and produce sanction of the Collector as required under Section 47 of the Act for the sale of lands under attachment. As this order was not complied with, the execution petition was struck off. In appeal, the District Judge, Nizamabad sustained that order firstly on the ground that once the decree-holder has submitted to the order, and approached the Collector, he cannot now turn round and say that the order of the Court below passed on 30th of April, 1959 was not correct, and secondly, that Act was passed not only for regulating the relations of land-holders and tenants of agricultural lands but also for preventing alienations of such lands. As such, the property was not liable to attachment and sale in execution of the decree under S. 60 C. P. C. without sanction under S. 47 of the Act.

( 3 ) OUR learned brother Sharfuddin, J. referred the matter to a bench inasmuch as there was no procedure prescribed under the rules for obtaining sanction in respect of lands attached and to be sold belonging to a judgment-debtor who is an agriculturist.

( 4 ) SECTION 47 of the Act which interdicts transfer of agricultural lands is as follows:"47 (1) Notwithstanding anything contained in any other law for the time being in force or in any decree or order of a court, no permanent alienation and no other transfer of agricultural land shall be valid unless it has been made with the previous sanction of the Tahsildar: Provided that the Tahsildar may declare a permanent alienation or any other transfer of agricultural land to be valid if the permanent alienation or transfer took place before the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendments) Act, 1954 and possession of the land transferred was given to the vendee before such commencement if application for sanction is made within one year after such commencement. (2) Applications for such previous sanction shall be made and disposed of in accordance with such procedure as may be prescribed. "it would be seen from the above provisions that without the permission of the Tahsildar, no permanent alienation or any other transfer of agricultural land can take place notwithstanding anything contained in any other law for the time being in force or in any decree or order of the Court. It may also be noticed that the sanction of the Tahsildar must be a sanction previous to the transfer. The proviso permits subsequent sanction being accorded where transfer has been effected, and possession of the land transferred was given to the vendee before the commencement of the Act. Even in such case sanction should be obtained within one year after the commencement of the said Act. It may be stated that sub-section (2) of Section 47 of the Act empowers the framing of rules prescribing the procedure for obtaining previous sanctions of the Tahsildar required under sub-section (1 ).

( 5 ) IT has been assumed in this reference that Section 47 of the Act applies to sales of agricultural lands in execution of the decree. The validity of this assumption has not been canvassed before us. On this assumption, it is contended that since attachment is an integral part of a sale in execution, sanction should be obtained even before attachment, so that no attachment is valid unless sanction of the Tahsildar has been obtained therefor. Inasmuch as the reference to the Full Bench is only limited to this extent, we confine ourselves to the consideration

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