PROCEEDINGS OF THE TAHSILDAR, RAYADURG.
PRESENT:- Sri ,
Rc.No. 90/2005 Dated:14.7.2014.
Sub :- Assignment – Rayadurg Mandal - Yerraguntla Village – Verification of assigned land – Assignment made to Sri Mangala Chinna Rangappa S/o Chalamappa for an extent of 0.21 and 0.46 Acres in Survey No.147-4B and 147-5A respectively – Alienation of land by the assignee to Sri T.Yellappa S/o Narappa of rayadurg Village – restored the lands to the original assignee – Orders – Issued.
Ref :- 1. Notice issued in Form-I under Rule 3 of A.P.Assigned lands (POT)
Rule, 1977.
2. This office notice issued to the original assignee/legal heirs of the original assignee in Rc.No.90/2005(B) . Dt:20.6.2005.
3. Explanations of Sri T.Yellappa S/o Narappa of Rayadurg
Village dated 5.7.2013.
4. Explanation of the legal heirs of the original
assignee dated:
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ORDER :
Sri/Smt……………………………………………………………………………………………………………… S/o/W/o………………………………………………………………………………………. resident of …………. ……………………………………………………….. Village of …………………………………………… Mandal was assigned an extent of ………………………….. Acres in S.No……………………………………. of …………………………………………………… Village for cultivation purpose in Mandal Revenue Officer/Tahsildar’s D.A.Dis.No…………………………………………… Dated:…………… During the verification of assigned land in the village it was brought to the notice that the above assigned land was under active possession and enjoyment of Sri/Smt……………………………………………………………………….. S/o, W/o……………………………… …………………………………. Of …………………………………………………………. Village …………………. Mandal by way of purchase/mortgage/Gift/Lease/transfer from Sri………………………. …………………………………… the original assignee/legal heir of then assignee through an un-registered agreement/oral transaction. As the assigned lands are under the active possession and enjoyment of the person other than original assignee/ legal heir of the deceased assignee, it attracts the provisions of the A.P.assigned lands (POT) Act, 1977.
According to section 3(1) of A.P., Assigned lands (Prohibition of Transfers) Acst, 1977, transfer of any land assigned to a landless poor person by way of sale, gift, mortgage, exchange, lease or otherwise is prohibited and no right or title in such assigned land shall vest in any person acquiring the land by such transfer and such transaction is deemed never to have taken place.
As the transaction attracts the provision of A.P., Assigned lands (POT) Act, 1977, hence a show cause notice was issued to the alienee in Form-I as required under Rule 3 of the A.P.Assigned lands (POT) Rules, 1977 calling his/her explanation as to why he should not be summarily evicted from the said land/lands and as to why any crop or other product raised on the land/lands and any building or other constructions erected or any thing deposited therein should not be forfeited, within 15 days from the date of receipt of the notice as the occupation is unlawful.
Show cause notice has also been issued to the original assignee/ legal heir of the original assignee to show cause within 15 days from the date of receipt of the notice as to why the assignment patta granted in his/her favour should not be cancelled for violation of condition of the grant vide reference……………………………….
read above.
The notice has been got served on the alienee on……………………………… / As the alienee has refused to take notice, substitute service has been made on………… ……………. As required under rules.
The notice has been got served on the original assignee/legal heirs of the deceased assignee on……………………………………/ As the original assignee/ Legal heirs are not residing in the village and whereabouts are not known/has refused to take notice, substitute service has been made on……………………………………… as required under rules.
The alienee has submitted his/her explanation on………………………………….
stating that he/she………………………………………………………………………………….
Similarly the original assignee/legal heirs of the deceased assignee has also submitted his/her explanations on……………………………………. Stating that…………………. …………………………………………………………………………………………………………………………………..
The explanations offered by alienee Sri/Smt………………………………………………….. is not convincing. He/She is not expected to purchase Government land assigned to poor persons and cannot utilize the land for other than agriculture purpose without specific sanction from the competent authorities and thereby contravened the provisions of section 3(1) of the above said Act.
The explanation offered by the original assignee/legal heir of the deceased assignee has been examined in detail with reference to the material available on records and found that………………………………… the assignee/legal heir of the deceased of the assignee has alienated the assigned land violating the conditions of grant of “D” Form patta.
The alienee/original assignee/legal heir of the deceased assignee has not submitted any explanation even after lapse of stipulated time. Hence, it is construed that the alienee has no explanation to offer and the case has been examined in detail basing on the material available on record. It is established beyond doubt that the alienee has got possession over the assigned land by way of purchase/Gift/Lease/Mortgage from the original assignee and thereby contravened the provisions of section 3(1) of the above said Act.
In view of the above circumstances, it is hereby ordered that the land as shown in the schedule below is resumed to the Government for having violated the condition of the grant i.e., not putting the land in cultivation from the date of grant of land and non-alienability under section 4(1) of the A.P. Assigned Lands (POT) Act, 1977 and the land resumed as noted below shall herein after be treated as A.W. Dry in the village accounts. The Mandal Revenue Inspector-I is directed to take possession of the land in question and implement the same in village records as A.W.Dry and report compliance.
Name of the Village Survey No. Extent Classification
The land so taken shall be restored to the original assignee/legal heirs of the deceased assignee at once. If the restored land is again transferred by the assignee or his legal heirs, it shall be resumed to the Government for assignment to any other landless poor persons as defined under section 4(1) (b) of A.P. Assigned Lands (POT) Act, 1977.
An appeal lies against this order to Revenue Divisional Officer,Anantapur within 90 days from the date of receipt of this order.
Tahsildar,
Rayadurg.
To
The individuals concerned.
Copy to the Mandal Revenue Inspector-I/II,Rayadurg for taking necessary action.
Copy to the Grama Panchayat Secretary,…………………………………………………. Village for publishing the contents in the village by beat of tom-tom.
Copy submitted to the Revenue Divisional Officer, Anantapur for favour of information.
Copy submitted to the District Collector, Anantapur for favour of information.
Copy to stock file.
