PALLE GANGI REDDY Vs. DISTRICT COLLECTOR KADAPA

JUDGEMENT

(1.) The petitioner who claims to have purchased Ac. 1.17 cents of assigned land situated in Survey No.652 of Mamillapalli Village in C.K. Dinne Mandal of Kadapa District from one Kanuri Venkataiah under registered sale deed dated 30.10.2004 for valid consideration, made an application dated 6.1.2010 for issue of pattadar passbook and title deed. Alleging that the respondents failed to consider his application the present writ petition is filed seeking a declaration that the action of the respondents in not issuing the pattadar passbook and title deed in respect of the land in question, is arbitrary and illegal. THE petitioner also seeks a direction to the respondents to ratify the registered sale deed dated 30.10.2004 in terms of Section 4(1 )(b) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended by Act No.21 of 2008 (for short, 'Act No.21 of 2008').

(2.) I have heard the learned Counsel for the petitioner as well as the learned Government Pleader appearing for the respondents and perused the counter-affidavit filed on behalf of the respondents.

(3.) As per Section 4(1 )(b) of the Andhra Pradesh ASsigned Lands (Prohibition of Transfers) Act, 1977 as amended by Act No.8 of 2007, the District Collector or any other officer not below the rank of Mandal Revenue Officer authorised by him, if satisfied that any of the provisions of sub-section (1) of Section 3 have been contravened in respect of any assigned land, has to take the possession of the assigned land after evicting the person in possession following the procedure prescribed and restore the assigned to the original assignee or assign to other eligible landless poor persons.