MANDLAPPA Vs. M R O

JUDGEMENT

(1.) This writ petition raises an important question of law: "Whether the transfer of assigned land by the petitioner, who perfected his title by adverse possession by the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, is amenable to the jurisdiction of the Joint Collector under the Act.

(2.) The facts of the case are that the father of the petitioner purchased an extent of Ac.7-39 cents of land in S.No.443-1 of Kodihalli village, Agali Mandal, Anantapur district vide a registered sale deed dated 13-9-1944 from the original assignee, Fareed Sab. Since the date of purchase, the petitioner's father and after his death, the petitioner are in the possession of the land. While so, the second respondent issued a show-cause notice dated 20th September, 1988, to the original assignee, directing him to appear on 6-10-1988 and offer his explanation as to why the assignment made to him in S. No.433-1 of Kodihalli village should not be cancelled for violating the conditions of D-Form patta. A copy of the said notice was also marked to the petitioner. The petitioner submitted his explanation stating that he is residing in a village which is adjacent to the land in question and that his father purchased the said land in good faith for a valuable consideration. The Joint Collector, after considering the explanation submitted by the petitioner and after conducting enquiry held that the original assignee - Fareed Sab alienated the land to the father of the petitioner, who is residing in Karanataka State and that the land was not brought under cultivation within three years from the date of assignment. As the conditions of D-Form patta were violated, the Joint Collector passed an order of eviction against the petitioner on 19-5-1989. This order was not communicated to the petitioner and the M.R.O. the first respondent initiated proceedings to assign the land to third parties. Therefore, the petitioner filed this writ petition questioning the action of the respondents in evicting the petitioner. However, the order passed by the Joint Collector on 7-10-1988 was communicated to the petitioner on 18-9-1989.

(3.) The petitioner's Counsel firstly contended that the Joint Collector has no jurisdiction to initiate the resumption proceedings under the Board Standing Orders as the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, (for short 'the A.P. Act 9 of 1977') governs the said aspect and that therefore the impugned order is without jurisdiction and liable to be quashed.