S. Saghir Ahmad, J. - (1.) Leave granted.
(2.) On 21-10-1961, each of the respondents was allotted an area of 7.06 acres of Government land situated in village Manchirevula, District Rangareddy, situated at a distance of about 10 miles from the city of Hyderabad in Andhra Pradesh. This assignment was subject to two conditions, namely, (i) that the land would be used only for cultivation, and (ii) that it would not be alienated regarding which each one of the assignees had given a written undertaking that they would not sell the land under any circumstance without the prior sanction of the Tehsildar and in case the land was sold, it would revert back to the Government. (Learned Senior Counsel, Mr. M. N. Rao and Mr. Sudhir Chandra object to this undertaking being read by us on the ground that this was not filed before the High Court).
(3.) In exercise of the power conferred by Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F., the Government had made THE LAONI RULES, 1950 of which Rule 19 is quoted below:- "19. The allottee of the land shall prepare the land for cultivation within three years of being placed in possession and commence cultivation of the land thereafter. The pattadar may be rejected by the order of the Collector for breach of any of the above conditions: Provided that he has been served with a notice calling upon him to comply with the conditions which he has violated and he fails to comply with it within three months of the date of service thereof. If land has been transferred in contravention of the conditions, the Collector may eject the transferee." (Emphasis supplied);