P VENKATARAMANA Vs. DISTRICT COLLECTOR VISAKHAPATNAM VISAKHAPATNAM DISTRICT

JUDGEMENT

(1.) Introduction The writ petition is filed challenging the order/proceedings of the District Collector in Rc.No.5213/96/A10, dated 3-2-1997 passed by the respondent herein. The petitioner seeks a declaration that the impugned proceedings insofar as the same restricts his right to sell the land admeasuring Acs.4.04 cents in Sy.No.294/2 of Madhuravada Village in Visakhapatnam Rural Mandal (hereafter called "subject land') and insofar as the same declares that he is deemed to be assignee of the subject land as viontive of the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (hereafter called 'the Act') as illegal and non-est. Though the impugned order was passed more than six years ago, having regard to the interesting question raised in the writ petition and also having regard to the fact that no prejudice would be caused to anybody by entertaining the writ petition after a long delay, this Court entertained the writ petition. Lengthy arguments were advanced at the admission stage by the learned Counsel for the petitioner and the learned Government Pleader for Revenue (Assignment). Question for consideration

(2.) Whether a landless poor person who is permitted to purchase assigned land from the original assignee can treat the said land as not an assigned land and whether such person can claim absolute right of alienation over the said land? This is the question that falls for consideration in this writ petition. To appreciate the controversy, it is necessary to refer to the facts which are not in dispute. Background Facts

(3.) The subject land is a Government land. It was assigned to one Soola Peda Suryanarayana. The petitioner purchased the same ffom Suryanarayana under an agreement of sale dated 7-5-1969. He was cultivating the land since then. He made an application to the respondent on 8-1-1996 to grant permission under sub-section (5) of Section 3 of the Act for registration of the sale deed by the original assignee in his favour. When the same was not disposed of, he filed a writ petition being W.P. No. 13719 of 1996. The same was disposed of by this Court directing the respondents to consider the application of the petitioner dated 8-1-1996 under Section 5 of the Act within a period of six weeks from the date of receipt of the said ordelv Thereafter, the respondent conducted an enquiry. He also summoned the wife and children of the original assignee. They deposed that Suryanarayana and the petitioner were in joint possession of the land for about ten years. The respondent also obtained a report from the Mandal Revenue Officer (MRO), Visakhapatnam (Rural) and the Revenue Divisional Officer (RDO). Based on the same, the respondent came to the conclusion that the petitioner is a landless poor person as defined in sub-section (3) of Section 2 of the Act and that the transaction between the petitioner and the original assignee is genuine, in good faith and for valuable consideration and that the petitioner has been in continuous possession of the land from the date of commencement of the Act. In view of this conclusion, the respondent granted permission under Section 3(5) of the Act for effecting registration of sale in favour of the petitioner. He, however, observed that the petitioner would be deemed to be assignee of the Government land and that the petitioner being a landless poor person would not have any further right to sell the land. The petitioner was also informed that any violation of the conditions of assignment of the land would attract the provisions of the Act.