MUDDASAMI KAMALA Vs. DIST. COLLECTOR

JUDGEMENT

(1.) This writ petition is filed seeking to quash the resumption proceedings of the primary authority in File No. B/1196/1997, dated 16.04.2005, two confirmation orders, namely the appellate authority in Appeal No. L/4179/2005, dated 19.01.2007 and the revisional authority in Revision Petition No. E3/428/2007, dated 07.07.2012 and consequently, to direct the respondents not to interfere with the possession and enjoyment of the petitioner over the land admeasuring Ac.10.29 guntas in Sy. No. 30 and 38 of Rukmapur Village, Choppadandi Mandal, Karimnagar District.

(2.) According to the petitioner, she is the absolute owner and possessor of the subject land having purchased the same under a registered sale deed, dated 31.10.1981 from Yerramalla Goura Raju and Satyananda Gandhi, who in turn had purchased the said land under a registered sale deed, dated 16.04.1970 bearing document No. 1165 of 1970 and under Section 50-B Certificate bearing No. A8/14571/1969, dated 05.09.1970 from Lanka Durgaiah, Chiluka Pochaiah and Lankadasari Rajaiah, who are the original assignees of the subject land. While so, the Tahsildar, Choppadandi Mandal, Karimnagar District, the respondent No. 3 herein, invoking the provisions under Section 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, 'the Act '), issued a notice, dated 15.12.1997, calling upon the petitioner to show-cause as to why the land shall not be resumed, as the said land is assigned land and the assignees had sold the land to Yerramalla Goura Raju and Satyananda Gandhi.

(3.) Having not satisfied with the explanation offered by the petitioner, the respondent No. 3, vide proceedings dated 12.03.1998 in File No. B/1196/97 had passed resumption orders on the ground that the petitioner had purchased the land that was assigned to "landless poor persons ". Aggrieved thereby, the petitioner had preferred an appeal before the Revenue Divisional Officer, Karimnagar Division, the respondent No. 2 herein, who in turn, disposed of the appeal, being Appeal No. L/4512/1999 holding that the applicability of Section 3(5) of the Act has to be decided.