RAYAVARAPU PALAKONDAIAH Vs. REVENUE DIVISIONAL OFFICER CUDDAPAH

JUDGEMENT

(1.) These two writ appeals are disposed of by the common order as the fads are identical.

(2.) The facts in WA No.1538 of 1988 are being stated for purpose of understanding the dispute between the parties. Survey No.585/3A/1A measuring 0.91 cents of Ukkayapalli village in Cuddapah district was originally assigned to Smt. Swarna Munemma, who was a harijan and a landless poor lady. The assignment was in the year 1926. It appears that the said land was transferred by her to one Mr. D. Venkata Subbaiah. This was some time in 1963. The transferee Mr. D. Venkata Sitbbaiah did not belong to depressed class. The Tahsitdar, Cuddapah cancelled the assignment in favour of Smt. Swarna Munemma for violation of Andhra Pradesh Board Standing Orders (hereinafter referred to as the 'Board Standing Orders') vide proceedings B. 11994/ 79 dated 19-8-1980. Sri D. Venkata Subbaiah then filed an appeal to the Revenue Divisional Officer, Cuddapah against the cancellation of Tahsildar order because as a consequence of cancellation of assignment, the land was to be resumed by the State. The Revenue Divisional Officer confirmed the resumption order and dismissed the appeal on 25-2-1981. Against the order of the Revenue Divisional Officer, Sri D. Venkata Subbaiah preferred revision to the Joint Collector. The Joint Collector held that the action of Tahsildar in cancelling the assignment was not proper because in the meantime the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (hereinafter referred to as the '1977 Act') had come into force. Therefore, the Joint Collector by order dated 6-5-1982 directed the Tahsildar to take action under 1977 Act. Consequently the Tahsildar issued show cause notice to the occupants and resumed the land purporting to act under Section 4(b) of the 1977 Act by proceedings dated 22-2-1983. Again appeal was preferred against this order to the Revenue Divisional Officer and the same was dismissed on the ground that there was no appeal provided under 1977 Act. The Tahsildar then assigned the land in question to present petitioner R. Palakondaiah. This order of assigning the land was challenged by the legal heir of Smt. Swarna Munemma. Respondent No.4 in the writ petition is the said admitted legal heir. However, the Collector declined to interfere with the assignment saying that earlier order passed on 6-5-1982 was already existing. This order was passed on 5-7-1984. Aggrieved by this order of the Collector, respondent No.4 preferred an appeal before the Revenue Commissioner. In the appeal the Revenue Commissioner after hearing respondent No.4/appellant and the present writ petitioner, held that the assignment made by the Tahsildar in favour of writ petitioner was patently erroneous in view of the provisions of 1977 Act and remitted back the matter for having a fresh look by referring to the provisions of 1977 Act. This order was passed on 22-4-1987 in proceeding Nos.SPL.B4/ 2537/84.

(3.) In consequence of the Commissioner's order the matter once more reached the Revenue Divisional Officer, who on going through the provisions of 1977 Act came to the conclusion that the transfer in favour of Sri D. Venkata Subbaiah by Smt. Swarna Munemma was in violation of the provisions of assignment but 1977 Act mandates that such assigned land must go back to the original assignee, as this was the first transfer made by the original assignee in contravention of the provisions of 1977 Act. So holding, he cancelled assignment in favour of the writ petitioner and reassigned the land in favour of respondent No.4, who is the admitted legal heir of the original-assignee. Smt. Swarna Munemma. This order was passed on 10-8-1987.