JUDGMENT :

Satish Chandra Sharma, J.

The present writ appeal is arising out of an order dated 05.02.2010 passed in W.P.No.3634 of 2007 by the learned Single Judge.

2. The facts of the case reveal that the Government of Andhra Pradesh sanctioned assignment of Acs.200.00 of Astabal Kancha of Manchirevula village to the landless poor persons under the Special Laoni Rules, after regular phodi on 28.10.1953. The Laoni Rules are framed in 1950 in exercise of powers conferred under Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F (hereafter referred to as ‘Land Revenue Act, 1317F’). The Laoni Rules prohibits transfer of land by the assignees without the sanction of the Collector. The State Government, thereafter, issued a Revised Assignment Policy on 31.07.1958 in exercise of powers conferred under Section 172 of the Land Revenue Act, 1317F and again the alienation was prohibited. The facts further reveal that in the light of the initial sanction dated 28.10.1953, the Collector initiated proceedings and the Collector had sent a list of twenty beneficiaries/landless harijans for the purpose of creating sub-division in respect of Acs.200.00 sanctioned for assignment. On 07.11.1959, the Tahsildar inspected the land reporting that phodi (sub-division) needs to be done for the assignment of the land and in turn, the Collector on 04.06.1960 wrote to the Secretary, Revenue Department reporting that Acs.142.39 guntas is fit for cultivation and it has been phodied, which can be assigned to harijans under Special Laoni Rules. The Revenue Divisional Officer on 16.08.1960 wrote to the Tahsildar stating that Acs.142.39 guntas can be assigned under the Special Laoni Rules while rest of the extent out of Acs.326.28 guntas will be auctioned. The State Government, thereafter, issued a G.O.Ms.No.1122, dated 29.06.1961 providing exhaustive guidelines for assignment and alienation of Government lands overriding all previous orders governing assignment and alienation. The Tahsildar, on 21.10.1961, made the Phodi and issued temporary patta certificates to persons who have been in possession and enjoyment of the same and one such certificate is on record at page No.49 of the paper book granting temporary patta to Mr. Mylarapu Pedda Gandaiah. The aforesaid certificate makes it very clear that the grantee was not empowered to transfer the occupancy without the previous sanction of the Collector. At this point of time, it is noteworthy to mention that in those cases where the land was assigned by receiving consideration by the State Government, the right of transfer was granted to the assignees. In the present case, the respondents in the writ appeal were granted temporary pattas free of cost without charging any consideration.

3. The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (hereafter referred to as ‘Act No.9 of 1977) came into effect on 21.01.1977 and Section 3(1) of the said Act provides that any sale executed by a landless farmer in respect of an assigned land, before or after the commencement of the Act, shall be void and Section 3(2) provides that no landless farmer shall transfer the assigned land.

4. It is again an undisputed fact that all those persons, in whose favour the assignment was done, executed a Power of Attorney in favour of a builder, M.A. Baksh on 14.08.1991 empowering him to enter into an agreement to sell in respect of the property in question and later on 23.10.1992, M.Jangaiah cancelled the General Power of Attorney (GPA) granted in favour of M.A.Baksh. On 27.10.1992, other respondents namely D.Shankaraiah, D.Nagaiah, M.Gandaiah also cancelled the GPA, which was executed in favour of M.A.Baksh. However, the fact remains that M.A.Baksh executed as many as seventy-one sale deeds in respect of the land, which is subject matter of the present writ petition. There was a clear violation of