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2009 Supreme(AP) 327

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MRS. T.MEENA KUMARI and VILAS V. AFZULPURKAR, JJ.
Joint Collector, Rangareddy District and others – Appellants
v.
P. Harinath Reddy and others – Respondents
Writ Appeal Nos. 1894 of 2002 and 720 of 2003
Decided on : 1-5-2009.

Advocates appeared:
Advocate General for G.P. for Assignment for the Appellants in both.
Mr. D. Prakash Reddy, Seniro Counsel for Mr. A. Narasimha Reddy, Counsel for Respondent No.1 in W.A. No.1894/2002.
Mr. M.V.S. Suresh Kumar, Counsel for the Respondents in W.A. No.720/2003.

Headnote:(a) A.P. Assigned Lands (Prohibition of Transfers) Act, 1971, Section 2 (1) - Laoni Rules, 1950, Rule 9 (g) Assigned land - In terms of the Act, condition of non-alienation is a precondition for assignment - Act is not applicable to an assignment without the condition of non-alienation - Alienation permissible under Laoni Rules - Laoni Rules having not been repealed, alienation made thereunder subject to prior permission of Tahsildar cannot be assailed under the Act.

       2008(5) ALT 313 (D.B.) - Followed.

       (b) Andhra Pradesh (T.A.) Land Revenue Act, 1317-F - Section 166-8 - Power of resumption of assigned land cannot be exercised after lapse of long time - The 1977 Act not applicable to assignments made in 1961 - Assignees selling the land after following procedure prescribed and prevailing at relevant time - Third party rights already created and such parties enjoying the ownership of the land - Order of resumption after three decades irrespective of subsequent developments not permissible.

       (1998) 9 SCC 183 - Followed.

       

JUDGMENT

(Vilas V. Afzulpurkar, J.)

W.A.No.1894 of 2002:

This appeal is preferred by the Joint Collector, Ranga Reddy District, the Revenue Divisional Officer, Ranga Reddy District and the Mandai Revenue Officer, Uppal, Ranga Reddy District against the order of the learned single Judge in W.P. NO.10278 of 2000. By the order impugned herein the learned single Judge has decided two writ petitions Le. W.P.No.10278 of 2000 filed by the respondent No.1 herein and W.P.No.18905 of 2000 filed by the respondents 2 and 3 herein, which have been dismissed. The said respondents 2 and 3 have not preferred any appeal and as such the issue involved in the present appeal is only with regard to W.P.No.10278 of 2000.

2. The brief facts in this appeal are as follows:

(a) In the year 1961, the Government assigned an extent of AC.3.25 guntas in Sy.No.87/4 of Nagole village to one Somaiah. The said original assignee sold the said land to the first respondent herein (petitioner in W.P.No.10278 of 2000) under a registered sale deed dated 20.04.1978 and the said sale was reflected in all the revenue records and mutations were made in favour of the first respondent. Later, it appears that the said original assignee died and his legal heirs - respondents 2 and 3 herein sought restoration of possession of the said land by approaching the Revenue Divisional Officer alleging that the original assignee sold the land to the first respondent in contravention of the conditions of assignment. On enquiry and by order dated 08.04.1998 the Mandai Revenue Officer passed an order directing resumption of land and restoration thereof in favour of respondents 2 and 3. Questioning the said order the first respondent preferred an appeal before the ROO, which was, however, dismissed and further appeal was preferred to the Joint Collector, which was also dismissed by order dated 13.03.2000. ,

(b) However, while dismissing the appeal, the Joint Collector directed that the possession of the land shall be taken over and resumed by the Government and the respondents 2 and 3 are not entitled to restoration of possession. Questioning the said order of the Joint Collector, the first respondent filed W.P.No.1 0278 of 2000 and the respondents 2 and 3 tiled W.P.No.18905 of 2000 to the extent of denying restoration of the land to them.

3. Learned single Judge considered the issues raised in the said writ petition viz.


(i) whether the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act') is applicable and (ii) whether the proceedings for resumption are maintainable after lapse of almost more than two decades. On the two issues the learned single Judge found in favour of the first respondent and consequently entitlement of respondents 2 and 3 for resumption did not arise for consideration and the writ petition filed by respondents 2 and 3 was dismissed in view of the writ petition of the first respondent, being W. P. NO.1 0278 of 2000, having been allowed. The said impugned order of the learned single Judge is in question in this appeal.

W.A.No.720 of 2003:

4. The facts in this case are that the writ petitioners i.e. respondents 1 to 10 herein are owners of the plots 1,3, 5, 8, 17, 18, 27, 29,30,53 and 53 being part of Sy.No.49/7, Gajularamaram, Qutubullapur Mandai, Ranga Reddy District. The said respondents had alleged in the affidavit that an extent of AC.5.00 guntas in Sy.No.49 was allotted to one Sharada Bai under the proceedings of the Tahsildar NO.A3/9765/1960 dated 21.03.1961 under the Laoni Rules, 1950. The said original allottee sought permission of the Tahsildar under Section 47 and 48 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and was granted permission by Tahsildar on 30.10.1967 whereupon she sold the said property to one Bhagavanth Rao Mashalkar under registered sale deed dated 18.12.1967. Thereafter, the said purchaser obtained layout and divided the land into different plots and sold the said plots a





















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