SHYAM SUNDER Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed challenging the orders passed by the 5th respondent-Mandal Revenue Officer, Adilabad vide proceedings No.C/7006/92, dated 19-11-1997 cancelling the assignment granted in favour of one Mirza Mohammad Ali Baig.

(2.) The petitioner is the purchaser of the land assigned to Mirza Mohammad Ali Baig. The said person was assigned this land under Laoni Rules of 1347 Fasli to an extent of Ac. 12.00 in S.No. 2/3 of Dasnapur Village, Adilabad Taluk and District.

(3.) It is the case of the petitioner that Mirza Mohammad Ali Baig was granted patta by the District Collector, Adilabad bearing No. 156 of 25-4-1356 Fasli under Laoni Rules, 1347 Fasli. The correspondence took place for cancellation of the patta on the ground that he did not cultivate the land within 3 years which is one of the conditions for grant of assignment. But those grounds need not be referred to as the Board of Revenue has directed the authorities not to cancel the patta on that ground and close the file. However, the original assignee sold the land to one Raji Reddi on 4-5-1970 by a registered deed. In turn Raji Reddi sold the same under a registered sale deed on 29-03-1973 to the petitioner. While the matter stood thus, the petitioner was issued a show-cause notice dated 11-4-1997 as to why the assignment should not be cancelled and the transfer in his favour should not be declared as hit by the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977). To the said show-cause notice, the petitioner submitted an explanation on 10-4-1997. However, the order was passed on 19-11-1997 resuming the land from the possession of the petitioner on the ground that the transfer was in contravention of the provisions of Section 3 of Act 9 of 1977. The said order was assailed in this writ petition.