GANGAREDDY DIED Vs. TAHSILDAR ARMOOR NIZAMABAD DISTRICT

JUDGEMENT

(1.) In this Writ petition Sled under Article 226 of the Constitution of India, the petitioner seeks the issue of a writ, order or direction particularly in the natute of a writ of mandamus directing the respondents to forbear from recovering the Abkari dues payable in respect of Yellareddi Group of Toddy shops for the year 1968-69 by sale of agricultural lands of the petitioner.

(2.) It is the contention of the petitioner that after coming into force of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act of 1973 (hereinafter called the Act), no sale of the lands can be effected as Section 17 of the Act prohibits sale of agricultural lands under certain circumstances. Sub sections (1) and (3) of section 17 of the Act are relevant in this behalf and they read as follows:-

(3.) From the aforesaid provisions it is clear that no alienation by way of sale in execution of a decree or order of a Civil Court or of any award or order of any authority, can be made until the extent of the land to be surrendered in respect of holding of a person or of his family unit, has been determined and an order has been passed by che Revenue Divisional Officer under the Act taking possession of the land in excess of the ceiling area and a notification published under section 16, and that any such alienation made in cantravention of the said section is null and void,