ORDER:

The present Writ Petition has been filed challenging the Order passed by the Revenue Divisional Officer in Proceedings bearing Ref.No.B/1404/2006, dated

23.06.2008 and consequential proceedings passed by the Joint Collector (in Appeal), Kadapa in Proceeding bearing

No.D.Dis.(E3)4039/2008 dated 06.01.2009.

2. By the first Impugned Order, the Revenue Divisional Officer has set aside the Order passed by the Mandal Revenue Officer, Vontimitta by Proceedings bearing

Ref.No.B/363/91, dated 25.11.1991 by exercising suo moto powers.

3. The facts in a nut shell are as under: The Writ Petitioners belong to the same family and they have purchased the subject lands from the erstwhile assignees prior to the commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. They have obtained registered Sale Deeds dated 09.05.1976, 28.04.1976 and 02.05.1976. All these transactions have taken place prior to the commencement of the Act as the Act has come into effect 28.03.1977.

4. The Mandal Revenue Officer by Proceedings bearing Ref.No.B/363/91, dated 25.11.1991, after effecting due enquiry, held that the Writ Petitioners are the subsequent purchasers from the earlier assignees and that the purchase of assigned lands by the present Writ Petitioners is valid as their conditions are covered under Sub-section 5 of Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “the Act”).

5. Sub-section 5 of Section 3 of the Act reads:

“Nothing in this Section shall apply to an assigned land which was purchased by a landless poor person in good faith and for valuable consideration from the original assignee or his transferee prior to the commencement of this Act and which is in the possession of such person for purposes of cultivation or as a house-site on the date of such commencement”.

5. In this regard, it is relevant to extract the finding given by the Mandal Revenue Officer in his proceeding bearing Ref.No.B/363/91 dated 25.11.1991 as under: All

these lands are covered by sale agreements for valuable consideration of

Rs.20,000/- (Rupees Twenty Thousands only) for each transactions executed prior to the commencement of the Act read above. All the transferees are landless poor and they are all aware of the fact of assignment of these lands to the assignees and hence the transactions effected are in good faith. All the transactions are affected for valuable considerations. All the transferees are in possession of the lands till to this date.

Since the conditions laid down under sub- section 5 to Section 3 of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 are satisfied, the provisions contained in sub-section 2 of Section 3 are not applicable in the instant cases.

Therefore, the assignment of lands made to the original assignees is deemed to have been cancelled and the sale transactions effected are treated as valid and the lands in question are confirmed in the names of the purchases as shown below.

6. It is the grievance of the Writ Petitioners that the Revenue Divisional Officer has initiated suo moto enquiry based on a purported complaint in the year 2006 by the then Mayor of Kadapa Corporation. The proceedings of the Mandal Revenue Officer in Ref.No.B/363/91 dated 21.01.1991 were set aside. In the Impugned Order dated 23.06.2008, the Revenue Divisional Officer has stated that the Writ Petitioners are the blood relatives of a high profile political personality and the socio-economic Status of the purchasers is not known since they are residents of Kadapa Town. However, this Order is bereft of any details as regards the socio- economic status of the purchasers that existed on the date of purchase. But on the contrary it only indicates, if at all there is any truth or substance, that the Writ Petitioners are n