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2016 Supreme(AP) 582

S.V.BHATT
Sudalagunta Sugars Limited – Appellant
Versus
joint Collector, Chittoor – Respondent


Advocates Appeared:
For the Petitioner: M.P. Chandramouli

JUDGMENT :

1. Heard Mr. M.P. Chandramouli, for the petitioner and Sri K. Subba Rao, learned Government Pleader for Assignment (AP). The petitioner prays for mandamus declaring the Notice bearing Roc.A/99/09 dated 05.10.2009 in Form-II and the consequential orders in Roc.B/99/2009 dated 25.11.2009 passed by the 2nd respondent, as arbitrary, illegal, without jurisdiction, violative of principles of natural justice and are void.

2. The 2nd respondent through proceedings dated 25.11.2009 and in exercise of the jurisdiction under Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act’), cancelled the assignments of agriculture land and directed resumption of these lands to Government. The petitioner assails the notice dated 05.10.2009 issued in Form-II and the resumption orders dated 25.11.2009 as illegal and violative of statutory scheme of the Act.

3. The point for consideration in the admitted circumstances of the case, is whether in purported exercise of jurisdiction under Section 4 of the Act, is a transferee of alleged assignee is entitled to Notices in Form-I and Form-II or service of notice in Form-II would suffice the requirement of




















































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