WP/28639/2008 of Ravilla Chengama Naidu Vs The Revenue Divisional Officer, on 31 December 2008

O R D E R:

The petitioners herein are assigned different extents of landsituated in Brahmanapalli village, K.V.B.Puram Mandal, ChittoorDistrict. This writ petition is filed aggrieved by the notice issued callingupon the petitioners to show cause as to why the assignment grantedto them shall not be cancelled alleging that they have transferred thelands in contravention of the provisions of Section 3(1) of the AndhraPradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short‘the Act’). The said notices are challenged in this writ petitioncontending inter alia that the impugned action of the secondrespondent without initiating any action against the alleged transfereeas required under Rule 3 of the Rules made under G.O.Ms.No.281,Revenue, dated 02-02-1978 is arbitrary and illegal. It is also pleadedby the petitioners that the allegations that they have transferred theassigned lands in favour of third parties is absolutely false and even inthe impugned notice, the respondents could not specify the person inwhose favour the assigned land was transferred.

I have heard the learned counsel for the petitioners and thelearned Government Pleader for Revenue appearing for therespondents.

At the outset, it is to be noted that the Rules made underG.O.Ms.No. 281, dated 02-02-1978 were superceded and fresh Ruleswere made under G.O.Ms.No.208, Revenue, (ASSN-POT) dated 22-02-2007. As per Rule 3 of the said Rules made under G.O.Ms.No. 208dated 22-08-12007, the District Collector or the Authorized Officer are entitled to issue notices in Form No.1 and Form No.2 simultaneouslyto the persons who have transferred and also the persons who haveacquired assigned lands in contravention of the provisions of Section3(1) of the Act.

Hence, I do not find any substance in the contention of thepetitioners that the impugned notice is contrary to law. So far as themerits are concerned, it is always open to the petitioners to deny thealleged transfer of the assigned lands in contravention of Section 3(1)of the Act and to produce the relevant material before the respondentsto satisfy that they are continuing in possession of the assigned landas on today.

The petitioners sate that as a matter of fact, they have alreadysubmitted their explanations on 01-12-2008.

In the circumstances, it is open to the respondents to makenecessary enquiry following due process of law and pass appropriateorders. However, the learned counsel for the petitioners submitted thateven before passing any final order pursuant to the impugned showcause notice, the respondents are taking steps to dispossess thepetitioners forcibly.

In the circumstances, while leaving it open to the respondents topass appropriate orders pursuant to the impugned show cause notice,it is made clear that they shall not interfere with the possession of thepetitioners in respect of the land in question in any manner whatsoevertill appropriate orders are passed pursuant to the impugned showcause notices. No costs.

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G. ROHINI,J

Date: 31-12-2008Note: Issue C.C. in 2 days.B/oKLP