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2013 Supreme(AP) 621

HIGH COURT OF ANDHRA PRADESH
C.V. NAGARJUNA REDDY, J.
V. Subbayamma
Versus
Joint Collector, Additional District Magistrate, Guntur & Others
Writ Petition No. 15454 of 2013
Decided On : 07-08-2013

Advocates Appeared:
For the Petitioner:Challa Dhanamjaya, Advocate.
For the Respondents: AGP for Revenue.

Headnote:A) A.P. Assigned Lands (Prohibition of Transfers) Act 1977 - Sections 4, 2(1) and 3:- A proceeding under the provisions of the Act for cancellation of the assignment and resumption of the land can be initiated only if the above-mentioned four requirements exist, namely, that the land must be an assigned land; that the assignment contains a clause prohibiting alienation; that the land must have been assigned or allotted to a landless poor person from out of the ceiling surplus land; and that such land must have been alienated. Unless these requirements are satisfied, the competent authority cannot exercise the jurisdiction. [Para 17]

Judgment :

This Writ Petition is filed for a Mandamus to set aside the order in proceedings, vide Rc.No.412/2007, dated 23.04.2007, of respondent No.3, as confirmed in Assignment Appeal No.257, dated 09.07.2010 and in Case No.R..Dis.No.5041/2010/E2, dated 15.01.2013, of respondent Nos.2 and 1 respectively.

I have heard Sri Challa Dhanamjaya, the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue (Assignments).

The petitioner claims to be the absolute owner of land admeasuring Acs.8-25 cents in Survey No.538 (Old Survey No.498/B1) of Pottur Village, Guntur Rural Mandal and District. She traced her title in the following manner:

The land was purchased by T.Gurumurthy @ Rama Murthy, S/o Suraiah in an auction held in E.P.No.1111 of 1915 in Small Cause Case No.267 of 1915 on the file of the Principal District Munsif, Guntur and the sale was confirmed on 11.01.1916. The auction purchaser-T.Gurumurthy sold the property to the father of the petitioner by name Vokkalagadda Sambaiah under registered sale deed No.1193, dated 06.03.1967. After the demise of the petitioner’s father, her brothers and sisters executed registered gift deed No.8992/81, dated 06.08.1981, in favour of the petitioner. Following the execution of the gift deed, her name was incorporated in the revenue records and pattadar passbooks and title deeds were issued to her in the year 1991. The Adangals for 1404 to 1407 fasalies also mentioned the said land as patta land and not assigned land.

Respondent No.3 has passed an order on 23.04.2007 resuming the land on the ground that the land in Survey No.538 admeasuring Acs.8-25 cents and also the land in Survey No.544 admeasuring Acs.2.97 cents are assigned lands and that, therefore, they are liable for resumption under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’). The petitioner claimed that against the said order, she has filed an appeal before respondent No.2 on 21.05.2007, which was received by respondent No.2 under acknowledgment, dated 22.05.2007; that respondent No.2 has not assigned any number to the said appeal; and that having waited for more than two years and as there was no response from respondent No.2, she has sent a fresh appeal to respondent No.2, which was numbered as Assignment Appeal No.257 of 2010.

By order, dated 16.03.2007, respondent No.2 has dismissed the said appeal on the ground that the same was barred by limitation as it was filed after a lapse of three years from the date of the resumption order passed by respondent No.3. Feeling aggrieved by the said orders of respondent Nos.2 and 3, the petitioner filed a statutory revision before respondent No.1. The said Revision was dismissed by order, dated 15.01.2013. Questioning these orders, the petitioner filed this Writ Petition.

Sri Challa Dhanamjaya, the learned counsel for the petitioner, stated that all the respondents have committed a serious jurisdictional error in resuming the land of the petitioner. He further contends that the above-mentioned land was not an assigned land; that the same was purchased in a Court auction by the predecessor in title of the father of the petitioner as far back as the year 1915; that there is absolutely no record to show that the above-mentioned land was an assigned land; and that, therefore, the very initiation of the proceedings under the Act is without jurisdiction.

No counter-affidavit is filed by the respondents.

I have carefully perused the record apart from hearing the learned Assistant Government Pleader for Revenue (Assignments).

A perusal of the impugned order of respondent No.3 would show that in the first paragraph he has stated that “the following lands” were assigned to the landless poor persons. In the following paragraph, he has provided columns for the Serial Number, Survey Number, Extent and the Name of assignee. Under the column “Name of assignee”, no names have been indicated and the

















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