LAW FOR ALL

Section 3 of the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short ‘the Act’), The petitioners submitted individual explanations. According to them, the land was not assigned in nature, and that clear recitals were made in the respective sale deeds to the effect that the lands are not assigned. It was further pleaded that no objection was raised by the Sub-Registrar when the sale deeds were registered. They have also pointed out that while recognizing the title, the Tahsildar has issued Pattadar Passbooks and title deeds, and that the proceedings are untenable. The invocation of the provisions of the Act was also questioned, stating that there did not exist any condition prohibiting alienation, even if the lands were assigned in nature. - The second question was as to whether the Marripudi Adi Andhra Tenant Cooperative Society was shown as the assignee or whether the individuals were mentioned as assignees? It was replied that notices were issued only to the persons who are in possession. The third question was about the nature of assignment/grant and the date, month and year of the assignment. A request was also made to furnish the copies. The answer is to the effect that the land is assigned to Marripudi Adi Andhra Tenant Cooperative Society and the information as to whether the assignment is conditional or not is not available since the records are not traced out. = Hence, the Writ Petitions are allowed and the orders challenged therein, commencing with the order, dated 18-05-2007, passed by the 4th respondent, ending with the memo, dated 26-07-2012, issued by the 1st respondent are set aside. The matters are remanded to the 4threspondent for fresh consideration and disposal. He shall take into account, the explanation submitted by the petitioners as well as the endorsement, dated 12-10-2010, issued by his office on an application submitted by the petitioners under the Right to Information Act. It is also directed that incase, the 4th respondent traces any orders of assignment in the respective cases, he shall furnish the copies thereof, to the petitioners and permit them to submit further explanation in relation thereto.