IMPORTANT POINT
The Act 1977 prohibits permanent alienation of assigned lands in favor of landless poor and empowers the competent authority to resume such lands.

JUDGMENT :

(N.V. Shravan Kumar, J.)

Heard the learned counsel Ms. B.Vanaja Reddy for Mr. Vedula Venkata Ramana, appearing for the appellants, Dr. J.Vijaya Lakshmi, learned Government Pleader for Assignment/Revenue appearing for the respondents and perused the material made available on record.

2. This intra Court Appeal has been preferred by the Appellants/Writ Petitioners against the order dated 19.12.2007 passed in W.P. No.17626 of 2007 and batch by the learned Single Judge.

3. Though the common order was passed by the learned Single Judge as the facts in all the batch of writ petitions are similar, present intra Court appeal has been preferred only against the W.P. No.17626 of 2007.

4. The Appellants/Petitioners filed W.P. No.17626 of 2007 questioning the resumption order dated 19.02.2007 passed by the Tahsildar/Mandal Revenue officer, Shamshabad Mandal, Ranga Reddy District, which was confirmed by the Revenue Divisional Officer, Chevella Division vide order dated 26.07.2007 under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act, 1977) as illegal, arbitrary and without jurisdiction and in contravention to the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short ‘the Act 1973).

5. It is the case of the appellants/petitioners that they have purchased the land to an extent of Acs.12.07 guntas in Sy.No.43 of Kothwalguda village, Shamshabad Mandal, Ranga Reddy district vide registered sale deeds in 1996 and their vendors have purchased the said lands in 1981 under five registered sale deeds. By virtue of the same, they contend that they are the absolute owners and possessors of the said land. It is further submitted that they have set up a Stone factory in the said land after obtaining permission from the concerned departments.

6. In the writ affidavit, it was mentioned that the Appellants/ Petitioners are running a stone quarry industry in the name and style of M/s. AQI Metal Industry after obtaining the necessary permission from the concerned Government departments and had constructed about 55 labour quarters (R.C.C.), Office over an extent of 2000 sft. It is further submitted that the workers employed in the stone crushing activity, which is being carried on in the said land, are residing in the said labour quarters.

7. While so, the Tahsildar Shamshabad issued a notice dated 14.03.2005 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 1977 (for short ‘the Rules 1977’) alleging that the Appellants/petitioners have contravened the provisions of the Act, 1977. It is further submitted that the said land originally was ceiling surplus land within the meaning of the provisions of the Act, 1973, but without considering their explanations dated 25.11.2005, the Tahsildar resumed the said land by the impugned notice, against which, the appeal was filed by Appellants/ Petitioners before the Revenue Divisional Officer and the same was dismissed by an order dated 26.07.2007.

8. It is the contention of the Appellants/Petitioners that the said land was ceiling surplus land and that there was no permanent restriction prohibiting alienation. Therefore, the resumption of the land under the provisions of the Act, 1977 is illegal and contrary to the provisions of the Act, 1973.

9. Taking into consideration the contentions of the Appellants/ Petitioners, the learned Single Judge framed the following questions for consideration:

“1. Whether the ceiling surplus agricultural lands transferred in favour of the landless poor persons subject to the condition that the lands shall not be alienated by the transferee permanently prohibits the transferee under Section 14(4) of the Act 1973 from alienating the said lands?

2. Whether the condition on the allottee/transferee to pay, under Section 14(2) of the Act 1973 read with Rule 10(4)(a) of the Rules 1974, a sum calculated at 50 times the land revenue in 15 annual instalments