Against the orders of the Revenue Divisional Officer by FYNZ4s

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									      IN THE COURT OF THE JOINT COLLECTOR:: NELLORE
              PRESENT: SRI SAURABH GAUR, I.A.S.


CASE NO.Rc. E1.2174 / 2008                                   Dated: 26-12- 2009.

Between:

Smt Kandikattu Rajeshwari                                     ….. .       Petitioner
W/o Dr. Anjani Kumar

                      AND

The Tahsildar, Podalakur Mandal                           ……            Respondent
The Revenue Divisional officer, Nellore

                                            ******
              This is a Revision petition U/s. 3(1) pf A.P. Assigned Land (POT)
Act 1977. filed by Smt. Kandikattu Rajeshwari w/o Anjani Kumar of Nellore city,
Nellore Mandal against the orders of the Revenue Divisional Officer, Nellore
passed in his D.Dis.3413/2007 dated:15-04-2008 in respect of the land bearing
S.No.637/3, 637/4, 639/1, 639/2, and 640/1 & 640/2 extent Ac.20.11 cents
situated at Marupur village , Podalakur Mandal.


For the Petitioner:     Sri V. Sreenivasa Rao, B.Sc., B.L., Advocate, Nellore.
For the Respondent :

The brief averments of the case as alleged by the Counsel for the Revision
Petitioners are as follows:-


   1. The appellant has stated that she purchased an extent of Acs.20.11 cents
       of land in Sy.Nos.637/3etc. of Marupur village from Sri Sk. Mastan sahib
       s/o Kalesha Saheb and also purchased another extent of Acs.5.98 cents
       of land in S. No.640/2 from his wife Sk. Jainabee for a valuable
       consideration under registered sale deed and that since then the said
       lands are under their possession.
   2. It also stated that the lands are originally assigned to 1) Volgam
       Veerareddy,    2)   Ankupalli   Venkata   Narasaiah    3)      Vakati Venkata
       Lakshamma 4) Tikkavarapu Kanthamma 5) Eduru Srihari Reddy and later
       on after undergoing several transactions, the land was purchased by them
       and that the said land is developed by them by spending Rs.10.00 lakhs.
   3. The Revision petitioner has stated that the vendors of their lands have
       obtained the Pattadar Pass Books and Title Deeds for the said land.
       Further the then Mandal Revenue officer has also issued a certificate
       stating that they are patta lands.
   4. The appellant has mentioned that the respondent i.e. Tahsildar, Podalakur
       has not      decided that whether the original assignees are small farmers
       or not.
   5. The Act could not be applied to the transactions made prior to 1977
   6. As per Section 5 of A.P. Assigned land (Prohibition and Transfer )Act
       1977, the list of lands assigned to the poor persons have not been
       furnished to the Registrar’s Office,
   7. The Registration authorities failed to raise objections for registration of the
       lands under dispute.
   8. It is stated that the orders passed by Mandal Revenue officer, Podalakur
       is contrary to law under section 3(5) of the A.P. Assigned land (Prohibition
       and Transfer )Act 1977.

The brief facts of the case are as follows:-

       Sri Pulagam Veera Reddy and 4 others were granted assignment pattas in
Sy. No. 637/3, 639/1, 639/2, 640/1 & 640/2 extent Ac.20.11 cents of Marupur
village of present Podalakur Mandal, by the then Tahsildar, Rapur for cultivation
purpose.    During the course of verification of assigned lands, the Mandal
Revenue Officer, Podalakur noticed that the said assigned lands are under the
possession and enjoyment of Smt. K. Rajeswari w/o Dr. Anjani Kumar, Nellore by
way of purchase through registered sale deed dated:11.9.2003 from Sk. Masthan
and Sk. Janabee. As the assigned lands are under the enjoyment of others, the
Mandal Revenue officer, Podalakur, resumed the land to Government under
section 3 of A.P. Assigned land (POT) Act 1977 vide his Proceedings Rc.
B/148/2004, dated:3.8.2004. Aggrieved by the orders of the Mandal Revenue
Officer, Podalakur, Smt. K. Rajeswari who purchased the assigned lands has
approached the Hon’ble High Court and the Hon’ble High Court in W.P.
No.21202/2004, dated: 19.11.2004 directed the Mandal Revenue Officer,
Podalakur to consider the explanation of the petitioner and issue final orders in
the case and till such time the petitioner shall not be dispossessed from the land.
As per directions of the Hon’ble High Court, the Mandal Revenue Officer
conducted enquiry and issued orders in Rc.B.148/04, dated 30.6.07 resuming the
land to the Government as the alienee purchased the assigned lands through
registered. Sale Deed that is in contravention of the provisions of the AP
Assigned land (POT) Act 1977.

                 Aggrieved by the orders of the Mandal Revenue Officer, Podalakur,
Smt. K.Rajeswari filed an appeal petition before the Revenue Divisional Officer,
Nellore. The Revenue Divisional Officer Nellore in D.Dis.3413/2007 dated
15.4.2008 confirmed the orders of the Mandal Revenue officer, Podalakur as the
orders issued by the Mandal Revenue officer in resuming the lands are
absolutely correct.
                 Against the orders of the Revenue Divisional Officer, Nellore, Smt.
K. Rajeswari has filed a Revision Petition before the Joint Collector, Nellore
through her Advocate for resumption of land in S.No.637/3, 637/4, 639/1, 639/2,
640/1 & 640/2 for an extent of Ac.20.11 of Marupuru village of Podalakur Mandal.
The Joint Collector has taken the case on file and notices have been issued to
the concerned.       The case is posted for hearing on 28.2.09, 11.5.09, 4.7.09,
18.7.09, 22.8.09, 5.9.09, 24.10.09, 31.10.09, and 7.11.09. The case was finally
heared on 21.11.09 and after hearing the oral submissions and upon perusal of
the relevant records produced in this court and considerly the written arguments
furnished by the revision petitioner on merits this court has made the following
order.

ORDER

   1. Since the lands in question are assigned lands and found in possession
         and enjoyment of other than the original assignees or their legal heirs, it
         attracts the provisions of A.P. Assigned Lands (POT) Act, 1977.
         According to Sec.3 (1) of A.P. Assigned land Act, transfer of assigned
         lands is prohibited and there is no right or title over the assigned land to
         the person acquiring the land by such transfer and such transaction is
         deemed never to have taken place. Accordingly the Mandal Revenue
         officer, Podalakur issued orders resuming the lands to the Government
         under    A.P.   Assigned    Land    (POT)    Act,   1977   vide   Proceedings
         Rc.B/148/04, dated:30.6.2007.
   2. The Survey Numbers and extents in question are Government lands as
         per diglot and assigned to eligible persons by issuing D.K.T., Pattas. In
         the grounds of appeal, the appellant says that it is a patta land beyond the
         facts of Diglot since it is a basic Register still relevant even today to verify
         the status of land i.e. whether it is Government or Patta.           The facts
         mentioned in Diglot hold good for ever undisputedly.
   3. When it is proved beyond doubt that the land in question is assigned land
         as per Diglot, the point of disbelieving the letter issued by the former
         Mandal Revenue Officer, Podalakur does not arise.
   4. As per Section 5 of A.P. Assigned land (Prohibition and Transfer )Act
         1977, the list of lands assigned to the land less poor persons have been
         furnished to the concerned Sub-Registrars in the District by the
         corresponding Tahsildars.      Further the action of revision petitioner in
         getting these lands registered is a mistake that has been committed by
         Registration Department and the revision petitioner cannot           justify his
         claim on the basis of his registered Sale Deed. The Sub Registrar Office
         is not competent to charge the nature of the land and the land in question
         is indisputably government land only.
   5. As the assigned lands are under the active possession and enjoyment of
      the persons other than the assignees or their legal heirs, it attracts the
      provisions of A.P. Assigned Lands (POT) Act, 1977. Hence according to
      the Section 3(1) of A.P. Assigned Lands (POT) Act, 1977, transfer of any
      land assigned to the landless poor person by way of registered sale is
      prohibited and no right or title in such assigned lands shall vest in any
      person acquiring the land by such transfer and such transaction is
      deemed never to have been taken place. As such action under section 3
      of A.P. Assigned Lands (POT) Act, 1977 was initiated and the land was
      resumed to Government by the then Mandal Revenue Officer, Podalakur
      vide Proceedings Rc.B/148/2004, dated:29.6.2007.
   6. The contention of the revision petitioner that the economic status of
      original assignee is not known does not have any bearing whatsoever in
      this case. Further it is not correct that the land has undergone a series of
      transactions since the revision petitioner has acquired rights over such
      land though a sale deed that was registered on 11-09-2003 only. Thus
      this is a clear case of contravention of Section 3(1) of AP Assigned
      lands(POT) Act, 1977.
   7. As per the reasons cited above the Revenue Divisional officer, Nellore
      confirmed the orders passed by the Mandal Revenue officer, Podalakur.
   8. In view of the above grounds, the order passed by the Revenue Divisional
      officer, Nellore is hereby upheld as per Section 3(1) of A.P. Assigned
      Lands (POT) Act, 1977. Thus the Tahsildar, Podalakur is directed to take
      possession of the land if such land is already not under his control. He is
      further directed to assign this piece of government land to the eligible local
      landless poor at the earliest and submit proposals in this regard.
   9. An appeal lies against this order to the Chief Commissioner of Land
      Administration, A.P., Hyderabad, within 40 days from the date of receipt of
      this order.


                                                   Sd/- Saurabh Gaur
                                                     Joint Collector,
                                                      SPS Nellore

To
Smt. K. Rajeswari               Through Tahsildar, Podalakur. He is requested
W/o Dr.Anjayani Kumar           serve the copies and return the served copies
Somasekharapuram,               to this office by -12-2009
Chandana Hospital.
Nellore.


Copy to the Tahsildar, Podalakur
Copy to the Revenue Divisional Officer, Nellore

								
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