STATE OF ANDHRA PRADESH Vs. D. VENUGOPAL

JUDGEMENT

(1.) Heard Sri D. Yathindra Dev, the learned Special Government Pleader, appearing in the office of the Learned Advocate General, for the appellants and Sri D.V. Sitarama Murthy, the Learned Senior Counsel appearing on behalf of Sri N. Ashwani Kumar, the learned counsel appearing for the respondents.

(2.) The State of Andhra Pradesh has a long standing policy of assigning, free of cost, land to landless poor people. To ensure that the said land remains with such assignees, a condition of non-alienation is incorporated in all the pattas, granting assignment of land to landless poor people. In fact, the Board Standing Orders, under which such land is assigned, also contain a stipulation that land assigned, free of cost, to poor people cannot be alienated by the assignee, in any manner. However, there were a large number of alienations, in violation of this restriction.

(3.) In order to curb such violations and to ensure that the land remains with the landless poor as assignees, the Andhra Pradesh Legislature had enacted the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 [for short "the Act "]. This Act, also obtained the assent of the President of India.