A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. - The Tahasildar, Kanigiri, the 3rd respondent herein, issued proceedings, dated 16.03.2010, informing the petitioner that the land assigned to him is required for a public purpose, viz., providing house sites to the poor and that the land would be resumed to the Government, as provided for in Condition No.17 of the Patta. The petitioner challenges the said proceedings.-Whenever any land is assigned by the Government, to either landless poor, a political sufferer or an ex-serviceman, a condition is invariably incorporated to the effect that, if the Government needs the land for any public purpose, it shall be open to them to resume it. Through successive orders issued by the Government, and the judgments rendered by this Court, the benefit of payment of ex-gratia in such an event, is provided for. Hence, the writ petition is disposed of, directing that the respondents shall pay ex-gratia to the petitioner in accordance with law, if they proceed with the resumption of the land of the petitioner.

  THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

Writ Petition No.25396 of 2011

ORDER:

The petitioner joined, Indian Army, in the year 1961, and has since retired from service.  He was assigned an extent of Acs.3.39 cents of land in survey No.895/2 of Kanigiri Village and Mandal, Prakasam District, by the Government, vide proceedings, dated 26.07.1978.

The Tahasildar, Kanigiri, the 3^rd respondent herein, issued proceedings, dated 16.03.2010, informing the petitioner that the land assigned to him is required for a public purpose, viz., providing house sites to the poor and that the land would be resumed to the Government, as provided for in Condition No.17 of the Patta.  The petitioner challenges the said proceedings.

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.

The 3^rd respondent initiated proceedings for resumption of the land that was assigned to the petitioner.  The petitioner contends that the lands assigned to ex-servicemen constitute a separate category, and that there does not exist any prohibition, or alienation.  There is no controversy about this.  Unlike other assigned lands, the one assigned to ex-servicemen can be alienated and such alienation does not attract the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.  The impugned proceedings do not have any relevance with that aspect at all.

Whenever any land is assigned by the Government, to either landless poor, a political sufferer or an ex-serviceman, a condition is invariably incorporated to the effect that, if the Government needs the land for any public purpose, it shall be open to them to resume it.  Through successive orders issued by the Government, and the judgments rendered by this Court, the benefit of payment of ex-gratia in such an event, is provided for.

Even if the petitioner were to have been the absolute owner and pattadar, on the basis of any purchase or succession, it would have been open for the respondents to acquire it.  The grounds against such an acquisition would be relatively weak.  The right of the Government to resume land allotted to ex-servicemen, stands on a higher footing.  The petitioner does not dispute the existing necessity for which, the land is proposed to be resumed.  Therefore, this Court is not inclined to interfere with the impugned proceedings.  This much, however, can be said that ex-gratia can be paid to the petitioner.

Hence, the writ petition is disposed of, directing that the respondents shall pay ex-gratia to the petitioner in accordance with law, if they proceed with the resumption of the land of the petitioner.

The miscellaneous petition filed in this writ petition also stands disposed of.

There shall be no order as to costs.

____________________

L.NARASIMHA REDDY, J.   

Dated:23.07.2012

GJ

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Writ Petition No.504 of 2012

Date:23.07.2012

GJ