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R. RAGHUNANDAN RAO, HARINATH N.
State of Andhra Pradesh, Represented by its Principal Secretary Revenue (Registration) Department – Appellant
Versus
I. Kesava Reddy – Respondent
How to determine the effect of Section 3(5) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 on purchases made in good faith before the Act came into force? What is the status of lands placed in the prohibitory list under Section 22-A of the Registration Act, 1908 when Tahsildar’s findings under Section 3(5) are final? What are the rights of land purchasers whose purchases were found to be protected under Section 3(5) with respect to registration and removal from the prohibitory list?
JUDGMENT :
(R. Raghunandan Rao, J.)
1. As the issues raised in all these writ appeals are one and the same, they are being disposed of by way of this common judgment.
2. Land admeasuring Ac.4.61 cents, situated in Sy. No. 489/2 of Avilala Village, Tirupati Rural Mandal, Chittoor District, had been assigned to Sri P. Ramakrishna Reddy and Sri. P. Vasudeva Reddy by the then Tahasildar, Chandragiri, under Board Standing Order No. 15. This land was sold by these two assignees. One Smt. K. Lalithamma purchased Ac.2.30½ cents vide document No. 3736/1976, dt.11.12.1976, and one Smt.Kamalamma, the grandmother of Sri. K.Hari Prasad, purchased the remaining Ac. 2.30½ cents vide document No. 3735/1976, dt.11.12.1976. At a later date, the Tahsildar, Tirupati Rural Mandal, issued proceedings, dated 10.09.2007, against Smt. K. Lalithamma and Sri K. Hari Prasad, under Section 4(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (hereinafter referred to as the ‘Act’) for resumption of the land. Under the orders of the Tahsildar, the land was resumed on the ground that, transfer of assigned land is prohibited under the provisions of the Act and any land so transferred can b
The court established that transactions made in good faith before the enactment of the Act are exempt from its prohibitions, thereby validating the rights of the purchasers.
The court established that transactions involving land purchased in good faith before the enactment of the Act are exempt from its prohibitions, thereby protecting the rights of the purchasers.
The absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
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....
Issue of direction by respondent No.2 to include the property under Section 22 A (1) (e) of the Registration Act without vesting the land on the Government divesting from alienee on resumption follow....
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
The definition of 'assigned land' under the Assigned Lands Act requires an absolute non-alienation condition, which was not present in the original assignment.
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