THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.1116 of 2022

ORDER

This writ petition is filed for the following relief: “…to issue a writ of Mandamus directing the respondents not to interfere with the possession and enjoyment of the petitioner of her assigned land of Ac.0.20 guntas in Sy. No.51 of Naspur Village and Mandal, Mancherial District by declaring the action initiated by the respondent Nos.1 to 4 to dispossess the petitioner of her land in whatever manner without following due process of law as illegal and arbitrary…”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner would submit that the petitioner is an uneducated lady, who has been granted assignment patta to an extent of Ac.0.20 guntas in Sy.No.51 of Naspur Village, Naspur Mandal, Mancherial District dated 14.06.1961 and thereafter taking advantage of illiteracy of the petitioner, unofficial respondents have got property from the petitioner herein. Thereafter, the names of the unofficial respondents stated to have been recorded in the Pahanies for the year 1989-90 onwards vide sada binama. On receipt of notice dated 21.07.2020, issued by respondent No.4-Tahsildar, that it is noticed that the petitioner has conversed the land to the unofficial respondents by Sada Binama as against the rules of Assignment. Accordingly, an explanation has been submitted before respondent No.4 dated 30.07.2020 stating that she has not sold the property in question, accordingly she has not violated the rules of assignment and the unofficial respondents names have been incorporated in the revenue records. Hence, she sought to delete the names of unofficial respondents and to resort the land back to the petitioner and enter her name in the revenue records as the petitioner is put to possession from the date of grant of patta, till today.

4. Learned Assistant Government Pleader for Revenue would submit that the land was assigned to the petitioner under the patta bearing No.C3/2613/1961, dated 14.06.1961. The petitioner has violated the rules of assignment and sold the same to unofficial respondents. Accordingly, the names of the unofficial names have been entered into the Pahanies for the year 1989-90. Therefore, as contemplated under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (for short “the Rules, 2007”), a notice has been issued to the petitioner under Form-I, dated 21.07.2020.

5. Learned Assistant Government Pleader for Revenue would further submit that as the petitioner violated the rules of assignment and accordingly, as per Sub-Section (2) of Section 3 of the Act, 2007, notice has been issued. Hence, no perversity can be seen in the said notice, as there is clear violation of assignment rules. Hence, he would seek to permit respondent Nos.1 to 4 to conduct further proceedings in terms of law established.

6. Appearing online, learned counsel for respondent No.8 would submit that based upon the Sada Binama, unofficial respondents have purchased the property from the petitioner herein. Due to unaware of the rules of transfer of assignment land, unofficial respondents have purchased the property and approached the official respondents, who in turn have entered their names in the pahanies from the year 1989-90 onwards and they are in possession of the property. Hence, he would seek to dismiss this writ petition.

7. Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned counsel for unofficial respondents and upon perusal of the materials placed, this Court noticed that the assignment patta vide patta No.C3/2613/1961, dated 14.06.1961 issued in the year 1961 to the petitioner herein. As seen from the Sada Bimama, the land in question has been transferred to the unofficial respondents, accordingly their names have been entered in the Pahanies for the year 1989-90. Ther