G SURYA KUMARI Vs. M R O
LAWS(APH)-1992-9-63
HIGH COURT OF ANDHRA PRADESH
Decided on September 23,1992

GADDE SURYAKUMARI Appellant
VERSUS
MANDAL REVENUE OFFICER, BODHAN NIZAMABAD DISTRICT Respondents


Cited Judgements :-

SOUNDI CHINA DALAIAH VS. GOVT OF A P AND 4 OTHERS [LAWS(APH)-2016-7-64] [REFERRED]


JUDGEMENT

- (1.)This writ petition seeks for issuance of a writ to set aside the impugned proceedings dated 30-3-1992 passed by the Mandal Revenue Officer, Bodhan, the 1st respondent herein, as being arbitrary, illegal, void and against the principles of natural justice and to declare that the petitioner is entitled to hold the property as a bona fide purchaser for a valuable consideration under subsection (5) of Section 3 of A.P. Act No.9 of 1977.
(2.)The undisputed facts are that the land bearing Sy. No .233 /3, ad measuring 27 guntas situated at Penta Kurd village was a Government land and was assigned to one Mr. Patan Moulali, the 2nd respondent herein. The said land was assigned to the 2nd respondent herein. The said land was assigned to the 2nd respondent in accordance with thebeneficial scheme under Section 58-A of A.P. (Telangana Area) Land Revenue Act, 1317 Fasli on the ground that he was a landless poor person. There is also no dispute that one of the essential conditions of the said grant was that the said land was heritable, but not alienable.
(3.)As the conditions with regard to non-alienability of the Government lands assigned wefe honoured more inbreach, the legislature in its wisdom, has taken note of that and enacted A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 (A.P. Act No.9 of 1977) thereby making the transactions of transfer with regard to assigned lands attached with the condition of non-alienation as void.
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