LAONI RULES, 1950
(a) These rules may be called the Laoni Rules, 1950, and shall come into force from the date of their publication in the Gazette.
(b) From the date of enforcement of these Rules, the Laoni Rules, 1347F, shall be repealed; but any action taken under the said Rules shall be deemed to have been taken under these Rules.
The LAONI RULES, 1950, govern the allocation, occupation, and transfer of land in certain regions, primarily focusing on land assigned to landless individuals. Section R.1 is an integral part of these rules, setting out the foundational provisions related to land occupation and permissions.
Section R.1 primarily stipulates that any person desiring to occupy unoccupied land must submit a petition to the Tahsildar and obtain prior permission before occupying the land. The section emphasizes the procedural requirement of obtaining written permission from the Tahsildar.
The section applies to all individuals seeking to occupy unoccupied land within the jurisdiction governed by the LAONI RULES, 1950. It aims to regulate the occupancy process, ensuring that land occupation is authorized and documented.
Specific details regarding punishment for contravention of Section R.1 are not explicitly provided in the available sources. However, based on the general framework of the LAONI RULES, violations such as unauthorized occupation or transfer are subject to penalties, including invalidation of transfers and possible eviction proceedings .
Note: Due to limited explicit details on punishment and scope in the provided sources, the analysis focuses on procedural and regulatory aspects derived from the available references.
Any person desiring to take up unoccupied land shall submit a petition to the Tahsildar in writing. This application need not be stamped. The person so applying shall not enter upon the land without obtaining the previous permission in writing from the Tahsildar s Office.
Section R.2 of the Laoni Rules, 1950, primarily deals with the procedure for individuals seeking to occupy unoccupied land under the rules. It emphasizes the requirement of obtaining prior permission from the Tahsildar before entering upon and occupying such land. The rules are part of a broader legal framework aimed at regulating land assignment and occupancy in accordance with government policies.
Section R.2 mandates that any person desiring to take up unoccupied land must submit a written petition to the Tahsildar and secure his permission before occupying the land. The application need not be stamped, and no entry upon the land is permissible without prior written approval from the Tahsildar.
The section applies to individuals seeking to occupy unoccupied land within the jurisdiction governed by the Laoni Rules, 1950. It aims to regulate unauthorized occupation and ensure land occupancy occurs through a formal process. The scope also implicitly includes the prevention of unauthorized entry and occupation without permission.
Specific punishment provisions for contravention of Section R.2 are not explicitly detailed in the available sources. However, violations generally attract penalties under the broader framework of the Laoni Rules, which may include eviction, fines, or other administrative sanctions as per the rules governing land occupancy and assignment.
Note: Due to limited specific details on punishment in the provided sources, the commentary emphasizes procedural and regulatory aspects rather than explicit penalties.
The village patwari shall furnish to any person desirous of so applying full information regarding the nature of the land available for being granted for cultivation. No fee shall be charged for giving such information and if applicant is illiterate; the Patwari himself should if requested to do so, assist in writing the application.
(a) A separate file with a fly sheet as per Form A shall be opened in respect of each application received by the Tahsildar for land for laoni.
(b) An Index Register of all the applications received shall be maintained in Form B.
(a) The applications shall be registered in the order in which they are received in a register in Form C (1) to be opened separately for each kind of land such as (a) lands assessed as waste (b) unassessed lands and (c) reserved lands.
(b) Applications for vacant sites for building purposes, etc. shall be entered in a register in Form C (2).
(c) Each application on being duly entered in the registers shall be forwarded by the Tahsildar to the Girdawar of the halqa in which the village is situate for submission of detailed inspection and report.
The Girdawar shall maintain a register in Form D and enter therein the particulars of the application received from the Tahsil Office. He shall then issue a notice in Form E stating therein the name of the applicant particulars of the land applied for the date on which the Girdawar would inspect the land, such date being fixed not earlier than 15 days from the date of issue of notice Copies of the notice shall be served on the applicant and on the adjoining land holders. The village officers shall also affix a copy of the notice in a conspicuous place in the village chavadi and on the land applied for; and the contents thereof shall be proclaimed by beat of drum.
On the date fixed for inspection, the Girdawar shall proceed to the village and in the presence of the applicant and of such of the adjoining land holders as may be present, of the village officials and of other prominent persons of the village, draw up a panchanama mentioning therein the nature of the land applied for the extent required, and all relevant information about other applicants who may also indicate their willingness to take up the land, and prepare a sketch of the land applied for showing its approximate position to other lands of the village. He shall also obtain on the sketch the signature or thumb impression, if illiterated of the applicant to confirm his application for the particular land.
The Girdawar in his report enclosing the said panchanama shall given full information as regards the total extent of land under each head available in the village, the number of cattle, the nature of the land applied for, the bona fide nature of the application, and other relevant matters and submit it to the Tahsildar within a month from the date of receipt of the application from the Tahsildar for inspection and report. This report shall be accompanied by a memorandum in Form F.
The Tahsildar shall, on receipt of the report from the Girdawar decide whether the request of the applicant for grant of land may be complied with, after giving due consideration to the following matters:
(a) If the land applied for is reserved for public purposes, such as sources of irrigation, lands with groves of trees where people are in the habit of assembling periodically for purposes of fairs, jatras or worship, or when the lands are treated as reserved forests or are set apart for the use of the Public Works Department or for manufacturing salt, or taking clay for purposes of potters trade, etc., the application shall be rejected and the applicant be informed accordingly within a month of the report from the Girdawar of the halqa.
(b) Before passing any orders on applications for grant of lands out of small scattered numbers of
Section R.9 of the Laoni Rules, 1950, establishes the procedure for issuing permission to occupy land under the Laoni Rules, particularly focusing on the formalities to be followed when granting occupancy rights and the conditions attached thereto. It plays a crucial role in regulating land assignments to landless persons, especially concerning the procedures for transfer, alienation, and occupancy.
Section R.9 prescribes that:- The Tahsildar shall, upon receipt of a report from the Girdawar, decide whether the applicant’s request for land grant can be accommodated.- The Tahsildar issues a written permission in Form-G, specifying the land, the name of the occupant, and the conditions attached.- The permission may include conditions such as non-transferability, restrictions on alienation, and obligations like bringing the land under cultivation within a stipulated period.- The Tahsildar shall also maintain records, including the survey, assessment, and the particulars of the grant.- In cases where the land is granted as not transferable, the occupant cannot transfer the land without prior sanction from the Collector.- Upon confirmation of sale or transfer, the Tahsildar issues a formal permission, and the land becomes heritable and transferable, subject to conditions.
Non-Alienability Condition - The original Laoni Rules did not universally impose a non-alienability condition; such restrictions were introduced later in the 1958 revised policy. Therefore, land granted under the 1950 Rules without a non-alienation clause could be alienated legally. [, "The Laoni Rules, 1950, did not contain a blanket prohibition on transfer; conditions like non-alienability were incorporated only after 1958."]]
Form-G Significance - Form-G issued under Rule 9(g) of Laoni Rules, 1950, is a formal permission to occupy land, not a permanent transfer, unless confirmed by the Collector. The absence of a non-transfer clause in the original form implies that alienation was permissible with prior sanction. [, "Form-G in Laoni Rules, 1950, indicates permission to occupy, not absolute transfer, unless confirmed by the Collector."]]
Role of Tahsildar - The Tahsildar acts as the primary authority in issuing occupancy permission, inspecting the land, and maintaining records. His decision is pivotal in determining the legality of land grants and transfers. [, "Tahsildar’s role includes inspecting land, issuing permission, and maintaining records under Rule 9 of Laoni Rules, 1950."]]
Conditions of Grant - Grants under the Laoni Rules may include conditions such as non-transferability, cultivation obligations, and restrictions on alienation, which must be explicitly incorporated in the grant documents. [, "Conditions like non-transferability and cultivation are to be explicitly stated in grant documents under Laoni Rules."]]
Legality of Transfer - Transfers made without prior sanction from the Collector or contrary to conditions attached to the grant are illegal and subject to cancellation or resumption. [["Nagavaram Janaki Rama Rao VS Revenue Divisional Officer, Miryalguda Division"], "Unauthorized transfer without prior approval under Laoni Rules is illegal and can lead to cancellation."]]
Legal Effect of Absence of Conditions - If the grant does not specify a non-alienation clause, the land can be legally transferred, and subsequent government actions to resume such land based solely on the absence of such clause are unsustainable. [["State of Telangana, rep. by its Secretary, Revenue Department VS Mailarapu Jangaiah, S/o Papaiah"], "Absence of a non-alienation clause in the original grant renders subsequent resumption proceedings invalid."]]
Resumption Proceedings - Resumption of land under the Act requires establishing that the land was assigned with a non-alienability condition and that the transfer violated this condition. Without such proof, proceedings are liable to be quashed. [["G. V. K. Rama Rao VS Bakelite Hylam Employees Co. op. House Building Society"], "Resumption proceedings must prove that land was assigned with a non-alienability condition, which was violated."]]
Time-Bar and Finality - Orders for cancellation or resumption after long periods (decades) are often challenged on grounds of laches, finality, and violation of principles of natural justice. Courts tend to uphold long-standing possession unless clear violations are proved. [["G. V. K. Rama Rao VS Bakelite Hylam Employees Co. op. House Building Society"], "Long-standing possession and finality of land records act as defenses against late resumption proceedings."]]
Res Judicata and Re-litigation - Courts have held that orders based on earlier final judgments or orders cannot be re-opened unless there is a clear legal basis, such as new facts or violations. Repeated proceedings on the same issue are barred by principles of res judicata. [["Govt. of A. P. VS Gudepu Sailoo"], "Res judicata applies to final orders; re-initiating proceedings on same facts is barred."]]
Validity of Patta and Title - Patta issued under Laoni Rules, especially when issued without conditions of non-transfer, confers a heritable and transferable title. Any restrictions must be explicitly incorporated; otherwise, the title remains valid. [, "Patta issued under Laoni Rules without non-transfer conditions confers heritable title."]]
Legal Status of Laoni Patta - A patta granted under Laoni Rules, 1950, is generally deemed to confer ownership unless explicitly restricted. The absence of conditions like non-alienability implies the land can be freely transferred. [, "Laoni Patta without restrictions implies ownership and transfer rights."]]
Impact of Subsequent Laws and Policies - The introduction of the 1958 revised policy and the 1977 Act introduced restrictions on alienation, but these apply only if the original grant contained such conditions. Grants made prior to these laws, without restrictions, retain their validity. [["G. Satyanarayana VS Government of Andhra Pradesh"], "Restrictions under the 1977 Act apply only when the original grant contains non-alienability clauses."]]
Legal Presumption and Burden of Proof - The onus is on the authorities to establish that the land was assigned with a condition of non-alienation. The absence of such proof renders proceedings for cancellation or resumption invalid. [["Nagavaram Janaki Rama Rao VS Revenue Divisional Officer, Miryalguda Division"], "Proving the existence of non-alienability conditions is on the authorities."]]
Government’s Power to Cancel - The government can only cancel land assignments if it proves that conditions of non-alienation were violated and that the land was assigned with such restrictions. Mere long possession or sale without prior approval does not automatically justify resumption. [["D. Siddappa VS Tahsildar, Doma Mandal, Doma (Village), Ranga Reddy District"], "Cancellation requires proof of violation of non-alienability conditions."]]
Legal Effect of Long Possession - Courts recognize that possession for decades, coupled with entries in revenue records, creates a presumption of ownership, especially when no restrictions are explicitly imposed at the time of grant. [["G. V. K. Rama Rao VS Bakelite Hylam Employees Co. op. House Building Society"], "Long possession and record entries favor ownership rights."]]
Finality and Final Orders - Orders passed in prior proceedings, especially after long periods, are binding unless shown to be legally defective or based on extraneous considerations. Reopening such orders without new evidence is unjustified. [["Govt. of A. P. VS Gudepu Sailoo"], "Finality of orders is a key principle; re-litigation is barred."]]
Legal Status of Assignments Made Under Laoni Rules - Assignments under Laoni Rules, 1950, made without conditions of non-alienability, are valid and confer ownership rights, making subsequent government attempts to resume invalid unless conditions are explicitly attached. [["Nagavaram Janaki Rama Rao VS Revenue Divisional Officer, Miryalguda Division"], "Assignments without restrictions are valid and heritable."]]
Section R.9 of the Laoni Rules, 1950, provides the procedural basis for granting occupancy rights, emphasizing the importance of record-keeping, conditions attached to grants, and the role of the Tahsildar. The legal landscape indicates that unless explicitly incorporated, restrictions on alienation and transfer are not automatically implied, and government actions to resume land must be founded on clear proof of such conditions. Long-standing possession, finality of orders, and the absence of restrictions in original grants serve as strong defenses against unwarranted resumption or cancellation proceedings. Courts have consistently held that procedural violations, lack of proof of restrictions, and the absence of prior sanction render such proceedings illegal and liable to be quashed.
Note: These comments synthesize the jurisprudence and statutory provisions from the provided sources, emphasizing the importance of explicit conditions in land grants and the procedural safeguards in proceedings under the Laoni Rules, 1950.
The sale shall be confirmed by the Tahsildar where it is held by the Girdawar; by the Deputy or Asst. Collector in charge of the division where it is held by the Tahsildar and by the Collector where it is held by the Deputy or Asst. Collector. Where the sale is conducted by the Collector himself, the Board Revenue shall be confirming authority. At the conclusion of the sales the authority conducting the sale shall submit the records along with the necessary challan numbers pertaining to the payment of the full price by the party to the proper authority as indicated above. The confirming authority shall then pass orders either confirming the sale if there be no objection or cancelling the same if he is of the opinion that the sale should be cancelled and a fresh sale held. In case the confirming authority is of the opinion that the land cannot be granted for laoni he shall order accordingly. After the endorsement of his order,
Where a land granted for occupation does not already bear survey number, a reference shall be made by the Tahsildar to the District Land Record Officer for getting the phodi work completed.
The District Land Record Officer, after receiving record, shall arrange to have the land sub divided and to have a separate number assigned thereto in accordance with the prescribed rules to classify the soil, and to arrange to get the akarbands and maps corrected. After such correction has been made the records shall be sent back to the Tahsildar to make a notice in the village records showing the area finally determined as a result of such phodi work and the assessment due thereon.
If, as a result of the completion of the phodi work done by the Land Records Department, the area in the occupation of the grantee is found to be within 20 per cent or one acre whichever is more in respect of irrigated lands. The Land Records Officer shall assign the number including such area and the grantee shall be liable to pay pro rata price realised during the auction or grant for upset price for such extra land. If the area in occupation is found to be more than 20 percent or the extent of the margin noted above, the matter shall be referred back to the Tahsildar for his opinion as to whether these extra lands may be added on to the land of the grantee, or be excluded. The Tahsildar shall after obtaining the previous sanction of the sanctioning authority who had originally granted the land communicate his final opinion as to whether such extra land should be added or excluded from the holding as the case may be. Action shall then be taken accordingly by the La
Any variation in the assessment rates as fixed by the Land Records Officer in the akarbands shall take effect only from the year following the year of such correction in the akarband and shall have no retrospective effect.
No lands in the special areas notified under Section 58 A of A.P. (Telangana Area) land Revenue Act, shall be assigned except in accordance with the following rules :
(a) The object of the special laoni is to make land available in certain areas to such landless persons of agricultural and backward classes as may be notified from time to time, and who have not sufficient means to purchase land either at the ordinary laoni auctions or otherwise. The selection of the most deserving applicant should be made by the Tahsildar after due publicity in the village or at the place fixed for the allotment proceedings.
(b) Special laoni, proceedings may ordinarily take place twice a year in the months of April and September, and may also take place at other times when the Tahsildar is visiting the locality.
In making selection for special laoni preference shall be given to persons who reside in the village, but do not possess any patta or shikmi rights in any land in the village or elsewhere or who have insufficient land but possess bullocks and agricultural implements. Persons who are already cultivating lands are asamis or bataidars shall be given preference over other labourers.
The persons selected by the Tahsildar shall be given possession of the land after auctioning the timber standing thereon. The auction purchaser shall be required to remove the timber within the time fixed by the Tahsildar having regard to the area and the volume of timber standing thereon:
Provided that where the auction purchaser is the person selected he shall be entitled to take possession of the land with the standing timber after payment of the auction amount :
Provided further that where the Tahsildar has sufficient reasons to believe that the means of such person make it difficult for him to pay the auction amount in one lumpsum, he may report accordingly to the Collector while submitting his proposal for the selection of such a person for confirmation of the Collector. The Collector may, if he thinks fit, order that the auction
The selection by the Tahsildar of any person for special laoni shall be confirmed by the Collector within a month from the date of the proposal for such selection, after satisfying himself that there has been no material irregularity in the proceedings.
The allottee of the land shall prepare the land for cultivation within three years of being placed in possession and commerce cultivation of the land thereafter. The pattadar may be rejected by the order of the Collector for breach of any of the above conditions:
Provided that he has been served with a notice calling upon him to comply with the conditions which he has violated and he fails to comply with it within three months of the date of service thereof. If lands has been transferred in contravention, the conditions, the Collector may eject the transferee.
After sanction has been accorded by the Deputy or Assistant Collector in the case of ordinary laoni and by the Collector in the case of special laoni, the Tahsildar shall obtain an agreement from the person to whom land is to be allotted and after recovering any amounts due shall give him permission in writing to occupy the land.
The Tahsildar shall be careful not to give such permission until the auction amount of the timber, has been paid, unless the payment thereof by instalments has been allowed under proviso to Rule 17. All amounts realised from the auction of timber, shall be credited to the Forest Department.
Provided that in the case of unoccupied or waste land which is granted on patta under special laoni, the Collector may, if he is satisfied that the land has been brought into cultivation or all possible efforts are being made for its cultivation, remit the land revenue for a period not exceeding three years from the date the allottee of the land is placed in possession of the land.
The special laoni provisions shall apply to all applications for assessed land which are not reserved. The Tahsildar may grant pattas under the rules laid down above.
A register shall be maintained as in Form I in respect of all lands granted under Special Laoni Rules.
FORM-A
Flysheet for files in Tahsildars Office regarding application for Land for Laoni
(See Rule 4 (a))
1. Application No. and date
2. Name of village and halqa
3. Name of applicant
4. Particulars of lands, house site or other subject of the application
5. Details of trees, wells or buildings on the land their approximate value
6. Whether any entry has been made in the Setwar or Index Register or other accounts
relating to the subject of the application against the grant of it and if so the
&
FORM B
(See Rule 4(b))
Index Register of Applications for ..
Halqa .. Taluqa ..
Application Register
Sl. No. Name ofvillage Number Number Number Number Number Number Number Number Number Number Number Number Number Total numberof applications (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) 1234 Total number of applications.
FORM C-1
(See Rule 5(a))
File Register of Application for Lands for Cultivation
SerialNumber Date of receiptof Application Name of applicantand his residence Whether applicationwas presentedthrough or direct Particulars of Land Applied for Estimated valueand other parti-culars of Whether landordered tobe disposed of by public auction or free for upsetprice Date ofsale Saleproceeds Date of receiptof sale proceeds Date of passingfinal orders andnature of suchorders Date of issueof permissionto occupy Date of deliverythereof to thegrantee Duration i.e.,interval betweencolumn 2 and column 19 Remarks Village Survey number Description Extent Assessment Date of trans-mission to Girda-war for report Date ofreceipt ofreport (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18
FORM C-2
File Register of Applications for Land for Building purposes
Serial Number Date of receipt of Application Name of applicant and his residence Whether application was presented through or direct Particulars of Land Applied for Date of receipt of report Upset price, if any, leviable How ordered to be disposed of by sale or for fixed price Date of sale Sale proceedsor price realised Date of receipt of sale records Date of passing final orders and nature of such orders Date of issue of permit to occupy Date of delivery of the same to grantee Remarks Village Site No. Dimensions of the site, North, South, East, West Area in square yards Boundaries For what purposere quired building Date of trans-mission tovillage officers for report (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21)
FORM - D
Register of Laoni Applications maintained by Girdawar for the year 19
(See Rule 6)
Sl. No. Date of receipt of application from the Tahsil Office with Tahsil L.No. Name of applicant Description of land Area Assessment Date of publication of notice(Form E) Date of submission of report Date of receipt of duplicate order from the Tahsildar Whether application was granted or refused No. of cattle Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
FORM - E
Notice of Application for land at the disposal of Government
(See Rule 6)
It is hereby notified that .. of .. village has applied for the lands shown in the following schedule. Persons having objections to the assignment of the lands shall intimate the same to the Girdawar on the date .. on which he shall inspect the land personally.
SCHEDULE
No. of thefield Description AREA ASSESSMENT Boundaries Acs. Gts. Rs. P. (1) (2) (3) (4) (5)
Signature of the Girdawar Halqa
Dated
Certified that the above notice was published
FORM F
(See Rule 8)
Form of Memorandum to accompany Girdawar s report on application for grant of land on loani
Questions.Answers
1. Name of the village.
2. Acreage of occupied land and assessments thereon for each kind to be specified (dry, wet, garden).
3. The extent number war of gairan land in the village.
4. The number of cattle, big and small in the village.
5. Number and date of application.
6. Name of applicant.
7. Survey No. and area of land applied for.
FORM G
[See Rule 9(g)]
Written permission to occupy land (to be given by the Tahsildar under the Laoni Rules)
Permission is hereby given to .. inhabitant of .. in the Tahsil of District .. to occupy Survey of Number in the village of ............................... in the Taluq of .. in .. District.
(Name of the Party) ............................ is to pay ...... amount per year from for the land granted for occupation under this permit as assessment.
If, after the phodi work is completed, the area and assessment are both fixed by the Department of Land Records (Survey and Settlement) .. is bound to pay the assessment so fixed, but this change will take effect only from the year following that in which
FORM H
[See Rule 9(i)]
Proclamation and written notice of sale of the right of occupancy of unoccupied land
Notice is hereby given that the right of occupancy of the undermentioned unoccupied land, situate in the village of in the Halqa in the Taluq of the District will be put up to public auction at on day the day of 19 at or after o clock A.M. (or) P.M.
The written or printed conditions of sale signed by or may be seen on application, during office hours on any office day before the day of the auction, to the Collector or (Tahsildar) of or at the time of the auction, to the officer, who conducts the same, and intending bidders are warned that they shall ascertain the said conditions before bidding.
D
FORM I
Register of Land Granted on Special Laoni
Sl. No. Name of Halqa village Name ofgrantee Sl. No. DESCRIPTION OF LAND Conditionsof grant Extent Assessment Ac. Gts. Rs. Ps. (1) (2) (3) (4) (5) (6) (7) (8)
(1) This Act may be called the Andhra Pradesh (Telangana Area) Local Government Service (Declaration as State Civil Service) Act, 1956.
(2) It extends to the whole of the Telangana area of the State of Andhra Pradesh.
(3) It shall come into force on the date of its publication in the Official Gazette.
In this Act,
(a) Local Government Service means the service constituted under Section 66 of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956, Section 166 of the Andhra Pradesh (Telangana Area) District Boards Act 1955, and Section 130 of the Hyderabad Municipal Corporations Act, 1955 (II of 1956);
(b) Local Government Service Fund means the fund constituted under Section 66 of the Andhra Pradesh (Telangana Area) District Municipalities Act, 1956, Section 166 of the Andhra Pradesh (Telangana Area) District Boards Act, 1955 (II of 1956). and Section 31 of the Hyderabad Municipal Corporation Act, 1955.
Notwithstanding anything to the contrary contained in any law for the time being in force,
(i) the Local Government Service is hereby declared to be and shall be deemed always to have been a Civil Service of the State;
(ii) with effect from the commencement of this Act, the Local Government Service Fund shall form a part of the Consolidated Fund of the State, and all expenditure in respect of the said Local Government Service, which is by this Act declared to be a Civil Service of the state, shall be charged on the Consolidated Fund of the State;
(iii) the law for the time being in force regulating the recruitment and conditions of Service of persons appointed to the Civil Services of the State shall apply and shall be deemed always to have applied to persons appointed to the said Local Gov
The Government may, from time to time, by order issue directions to give effect to the provisions of this Act.
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