R. RAGHUNANDAN RAO, HARINATH N.
State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department – Appellant
Versus
Kota Venkata Ramana, S/o. Late Suryanarayana – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
Heard the learned Additional Advocate General and Sri P. Rama Krishna, learned counsel appearing for the respondents.
2. As all these writ appeals arise out of a common order, they are being disposed of together.
3. The contesting respondents in W.A.Nos.438 and 439 of 2024 are the legal representatives and the sons of the original assignees in whose favour D-Form pattas had been issued earlier in relation to certain extents of land in Ravada Village. The contesting respondents in W.A.No.437 of 2024 are the legal representatives of the persons, who had purchased these lands.
4. These lands are now being taken over by the government for establishment of a green field Airport at Bhogapuram Mandal, Vizianagaram District. These lands were taken over by way of resumption proceedings of the Tahsildar, Bhogapuram Mandal on the ground that the conditions of allotment had been violated in as much as the lands had been sold by the assignees to certain purchasers and such alienations would be in violation of the assignment conditions and such land can be resumed under the provisions of the Andhra Pradesh / Telangana Assigned Lands (Prohibition of Transfer) Act, 197
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The court established that both transferor and transferee must receive proper notices in resumption proceedings under the Act, ensuring compliance with natural justice.
Both transferor and transferee must receive proper notices in resumption proceedings to uphold natural justice and procedural fairness.
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
The court held that eviction of assignees from assigned land without proper inquiry and notice violates principles of natural justice under the Andhra Pradesh Assigned Lands (POT) Act, 1977.
Assigned Land - Resumption proceedings maintainable - Act contemplates taking action at any point of time soon after it comes to the knowledge of the officials about the contravention of the provisio....
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