HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE MR. JUSTICE GODA RAGHURAM
Dasari Narayana Rao
Versus
The Deputy Collector and Mandal Revenue Officer & Others
WRIT PETITION Nos. 10933 & 10934 OF 2006
Date of Judgment : 23-11-2006
B) A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977, Sections 2 (1),4 (1) and 3 (2) – Show cause notice not categorically stating that the lands in question is assigned and transfer of it is barred – In the absence of such a statement or evidence to that effect the show cause notice or the order or eviction of the petitioners is not sustainable.
C) A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977, Sections 2 (1), 3 and 4 (3) – For exercise of these powers the lands in question which have been are lands assigned to the poor in question and as per the rules there is a prohibition against alienation. – Where the show cause notice issued to the petitioners does not contain any material particulars to be repudiated, the notice issued to the petitioners is void and unsustainable in law.
D) A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977, Section 3 (2) - Laoni Rules, 1950, Rule 9:- Where the impugned show cause notice issued by M.R.O. lacks the minimum forensic standard of quasi judicial proceedings like ascertaining the date of assignment of the land to the vendors and the relevant rules which prohibits their alienation, the order and their subsequent confirmation by the appellate authorities is not sustainable
E) LAONI RULES, 1950, Rule 9 (g) :- As per the guidelines existing as on that day of 1950, Government lands can be assigned in two ways, either as a sale without any restriction on alienation, or second an special loani assignment to landless poor with a condition precedent that cannot be alienaed.
F) A.P. ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977, Section 3 – Though the show cause notice and the subsequent orders of resumption passed by official respondents were held invalid, yet in view of competing public interest and the hardship that may be caused to the present occupier, Respondent No:6, status quo for six monh is orders within which the official respondents may issue a fresh show cause notice explaining all the relevant facts of the case giving an opportunity to the petitioner to rebut the same.
1. The petitioners are the father and the daughter. The 1st respondent’s order dated 16.5.2002 is challenged. This order is affirmed in the appellate order of the 2nd respondent dated 28.10.2002. The revision there against was dismissed by the 3rd respondent’s order dated 27.9.2003 and thereafter by the 4th respondent’s order dated 16.6.2005. The facts and the legal position involved being similar to the two writ petitions, the facts in W.P.No. 10933 of 2006 are recorded for analysis.
2. The 1st respondent issued a brief and laconic show cause notice dated 16.2.2002. It reads as under: “ Whereas you are found to have assigned lands specified in the scheduled below, in contravention of the provisions of sub section (2) of section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.
You are hereby directed to show cause within (15) days fifteen days of receipt of this notice as to why you should not be summarily evicted from the said land and as to why any crop or their product raised on the land/lands and any building or other construction erected or nay thing deposited there on should not be forfeited.
Village Sy. No.Sub-Div No. Description of land Entire extent Occupant extent Nature of Occupation Nanakram Guda 115/29 Govt. Assigned land 5-00 5-00 Assignee/ Purchaser/ Plot owner/ interested person Sd/ ”
3. By the order dated 16.5.2002 the 1st respondent concluded that the petitioner is in
possession of assigned lands sold by the original assignee to the petitioner by a
registered sale deed, in violation of the conditions of assignment (as to prohibition of lienation); that the sale deed is void in view of Sec.3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act (hereinafter ‘the 1977 Act’); ordered resumption of the land of Ac.5.00 to the custody of the Government and directed the petitioner’s eviction, with a further direction to the Additional Revenue Inspector to take over possession from the petitioner.
4. The petitioner preferred an appeal to the 2nd respondent. By the order dated
28.10.2002 the 2nd respondent reiterated the conclusions of the 1st respondent and dismissed the appeal.
5. The petitioner then preferred a revision to the 3rd respondent, who by the order dated 27.9.2003 rejected the revision.
6. The petitioner preferred a further revision to the 4th respondent, who by the order dated 16.6.2005 dismissed the revision and confirmed the orders of the respondents 1 to 3.
7. The petitioner is thus before this court seeking Certiorari of the orders of the 1st respondent as confirmed by the respondents 2 to 4. Facts :-
8. The petitioner purchased Ac.5.0 in Sy.No. 115/15 (Old 115/16), Nanakramguda village, Serilingampalli Mandal under a registered sale deed dated 21.9.1995 from one B. Mahadoba. The other petitioner, the daughter, similarly purchased Ac.5.0 in Sy.No.115/29 under a registered sale deed dated 21.12.2005 from Ganga Bai and others. These are the undisputed facts.
9. In response to the show cause notice the petitioner submitted his explanation asserting:
(i) That the notice dated 16.2.2002 is vague;
(ii) That the Government had issued a patta certificate under the Laoni Rules, 1950 (for short “the 1950 Rules”) in respect of Sy. Nos. 115/16, 115/29 along with 16 others at Nanakramguda village without any condition of prohibition of alienation and as per the patta certificates the said lands are alienable;
(iii) That the petitioner (having purchased the shares of the original assignees under a lawfully and duly executed registered sale deed for valuable consideration), is a bona fide purchaser from the lawful owner, in lawful possession of the property and is also paying land revenue to the Government apart from being in enjoyment and exclusive possession of the property uninterrupted for long years;
(iv) That the provisions of the 1977 Act have no application as the land in question is not an “assigned land” within the meaning of the expression in the 1977 Ac
T.e. Basappa v. T. Nagappa: AIR 1954 SC 440. (Para 18)
Nimmagadda Rama Devi v. District Collector
G.V.K. Rama Rao and another. Bakelite Hylam Employees Co op. House Building Society
Rambagh Satyanarayana and others v Joint Collector, R.R. District
Shyam Sunder v. Government of A.P and others: 2002 (5) ALT 454 (D.B). (Para 33)
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