1997 A I H C 3283 ::(1996) 2 LS 325 ::(1996) 4 Andh LT 325 ::(1996) 4 AndhLD 572

Andhra Pradesh High Court

Hon'ble Judge(s): Y. Bhaskar Rao, P. Ramkrishnam Raju , JJ

A. P. Assigned Lands (Prohibition of Transfers) Act (9 of 1977) , S.2(1)— Applicability - Land assigned to petitioners on payment of market value as per Govt. orders - No bar of alienation of lands as per said assignment - Such lands could not be said to be assigned lands - Act No. 9 of 1977 not applicable to such assignments - Hence order cancelling assignment liable to be quashed. The definition of 'assigned land' makes it clear that lands assigned to the landless poor persons under the rules or the time being in force, subject to the condition of non-alienation and includes lands allotted or transferred to land-less poor persons under the relevant law for the time being in force relating to land ceilings, and the word 'assigned' shall be construed accordingly. From the above, it has to be construed that if there is a condition of non-alienation while assigning the lands or the land is assigned under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, then only it is deemed as assigned land under Act No. IX of 1977. In the case on hand, there is no condition barring alienation of lands. On the other hand the note appended to Condition No. 1 of 'D' form Patta specifically says that 'this condition will not apply to cases of assignment made on collection of market value under Part 1(8) of G.O. Ms. No. 1142 of 18-6-....