S.SHANKARAIAH Vs. DISTRICT REGISTRAR, ADILABAD DISTRICT

JUDGEMENT

(1.) The inaction of respondent No.2 in refusing to register the land admeasuring Acs.30-00 guntas in Survey No.277/1 of Bhutkur Village, Khadem Mandal, Adilabad District, is assailed in this Writ Petition.

(2.) An extent of Acs.60-00 guntas of Government Land in Survey No.277/1 of Bhutkur Village was permitted to be assigned in favour of one Mohammed Yousuf, who was an ex-serviceman vide Government Memo No.1-2-III/3801/60-1, dated 21-12- 1960. In pursuance thereof, respondent No.5 issued proceeding No.G/3920/63, dated 06-06-1963, assigning the land in favour of the said person subject to the condition of his paying a total amount of Rs.3,000/- (Rs.50/- per acre) payable in 20 instalments in terms of G.O.Ms.No.1070, dated 20-06-1961. After the death of the original assignee, his son viz., Mohd Ibrahim succeeded thereto. Out of the entire extent of Acs.60-00 guntas of the assigned land, an extent of Acs.30-00 guntas was sold to one Sama Ananthaiah by Mohd.Ibrahim and the remaining extent of Acs.30-00 guntas was continued in his possession.

(3.) When Mohd.Ibrahim was sought to be dispossessed from the Acs.30-00 guntas of land in his possession, he has filed WP.No.11996 of 1996, which was disposed of by this Court, by Order, dated 25-06-1996, with a direction to the respondents therein not to dispossess the petitioner from the land in question without following the due process of law. Thereafter, proceedings for resumption under the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short 'the Act'), were initiated in respect of the said Acs.30-00 guntas of land. The said proceedings culminated in passing of an order of resumption on the ground that the said land was in possession of one person viz., G.Narayan Reddy in contravention of the provisions of the Act. Assailing the said order, Mohd.Ibrahim filed WP.No.25289 of 1997. The said Writ Petition was allowed by this Court by Order, dated 14-02-2007. This Court, on appreciation of the facts, held that the assignment made in favour of the original assignee did not contain the same conditions, which were made applicable to the assignments made to the landless poor persons and that therefore, the provisions of the Act were not attracted. This Court has taken note of the further fact that the assignment was made as per GO.Ms.No.1070, 20- 06-1961, and that in the absence of any clause relating to prohibition of alienation containing therein, the assignment did not fall within the provisions of the Act. This Court has, thus, allowed the said Writ Petition and set aside the resumption order, dated 07-09-1997.