LawforAll

Showing posts with label 1977).. Show all posts
Showing posts with label 1977).. Show all posts
Wednesday, October 24, 2012

Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers Act, 1977). It is contemplated by the said proviso that whether the original assignee or his legal heir after the first restoration transfers the assigned land, the said law shall be resumed for assignment to the other eligible landless poor persons. = She has approached the Tahsildar, Tandur Mandal who after conducting necessary enquiry into the matter has granted her pattedar passbook bearing No.317, duly recording her rights over the land of Ac.3.00 situated in Sy.No.191/9 which is the correct survey sub division number. It is this certificate, which is now sought to be cancelled by the RDO.- It is worth seriously exploring, as to whether the writ petitioner is equally eligible to be assigned land and if she satisfies the criteria fixed in that respect, the appropriate decision may be taken for treating the assignment made by the Tahsildar in favour of the petitioner as correct but, however if land has to be resumed, the same be resorted to for achieving a public purpose and not for any other reason. It is open to the petitioner to file such material as is considered appropriate by her to satisfy the RDO that she is eligible to be assigned the land in question within a period of fifteen days from today. Thereafter, the RDO will provide an opportunity for hearing to the petitioner or through a counsel and then take appropriate decision in the matter. With these observations, the writ petition stands disposed of.

HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.19231 OF 2011 ORDER :            Since this petition is directed agai...