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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B KRISHNA MOHAN
Pellurl Sridevi, W/o. P. Narsingrao – Appellant
Versus
State Of Andhra Pradesh, rep. By Its Principal Secretary, Revenue Department – Respondent
ORDER :
B.KRISHNA MOHAN, J.
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.
2. In all these Writ Petitions, the proceedings of the Mandal Revenue Officer, Guntur (5th respondent) dated 10.05.2005 is under challenge. Under the impugned order of the 5th respondent, the subject lands as detailed in the said proceedings were resumed on the ground of violation of the conditions of grant.
3. The impugned order of the 5th respondent contains the table relating to the particulars of the original assignees, the survey numbers and the extents. According to it, different survey numbers are included dealing with different extents of lands.
4. According to the impugned order of the 5th respondent dated 10.05.2005, the total extent of land assigned to the land less poor which was alienated is Ac.163.00 cents and as the assignees violated the conditions of the assignment, it was decided to resume the lands which were assigned previously to the land less poor and who alienated to the others. Accordingly, show-cause notices were issued in Mandal Revenue Office dated 02.06.2003 to the original assignees and some notices were served
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.
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
The court established that adherence to procedural requirements in eviction proceedings under the A.P. Assigned Land Prohibition of Transfers Act is essential for the validity of such orders.
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....
Both transferor and transferee must receive proper notices in resumption proceedings to uphold natural justice and procedural fairness.
The court established that both transferor and transferee must receive proper notices in resumption proceedings under the Act, ensuring compliance with natural justice.
Point of law: Petitioners cannot be deprived of their right to property when the assignment had been given by the authority with their eyes wide open. After allowing the petitioners to enjoy the land....
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