KOTHAPALLI KALEEMULLAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking a writ of mandamus to declare the order passed by the 4th respondent in Rc.No.79/2021/A dated 24.05.2021 as illegal, arbitrary, unconstitutional, against the principles of natural justice and in violation of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

(2.) Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents.

(3.) Briefly, the case of the petitioners is that their father purchased agricultural land to an extent of Ac.1.75 cents out of Acs.2.90 cents in S.No.259-3 of Kadiri Revenue Village for a valid sale consideration under a registered sale deed vide document No.1068 dated 05.03.1983 from one Mandem Mahammad Khan; the total extent of Acs.2.90 cents was originally assigned by the Government to one Bukya Kasine Naik and he sold the same prior to commencement of the Act 9 of 1977; thus there was no prohibition of transfer of assigned lands by the date of purchase by their vendor; while so, after the expiry of their father in the year 2018, the petitioners received Form-I notice dated 19.04.2021 under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfer) Rules, 2007 from the 4th respondent calling for explanation with regard to alienation of a part of land in Sy.No.259-3 to third parties under a registered sale deed dated 17.05.2018, for which they gave reply on 26.04.2021 stating that they never alienated their land to an extent of Ac.1.75 cents and the property mentioned in the notice does not belong to them and they are in peaceful possession and enjoyment of their land; however, the 4th respondent passed the impugned order dated 24.05.2021 resuming the land to an extent of Acs.2.90 cents in Sy.No.259-3 of Bathalapalli Village, Kadiri Mandal to the Government; and the 4th respondent has no right to proceed under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, as the said land was regularised by an order passed by the 4th respondent in the year 1991 and as the sale transaction took place in the year 1975 i.e., prior to commencement of the Act 9 of 1977. Hence the writ petition.