AIR 1980 ANDHRA PRADESH 267 ::(1980) 2 APLJ 133 ::(1980) 2 AndhWR 257 ::(1980) 2 Andh LT 276

Andhra Pradesh High Court

Hon'ble Judge(s): P. A. Choudary , J

(A) Constitution of India , Art.161— Power of executive to act - Conterminous with power of legislature. It is now well known that the area within which the executive Govt. can act is conterminous with the field within which the legislature can make laws. Further, absent legislation on a topic, the executive Government can govern by means of administrative directions provided those directions do not harm or injure the rights of the citizens.(Para 4) (B) Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act (9 of 1977) , S.3, S.4— G.O.M.S. No. 1142 (Revenue) D/-18-06-1954 - Violation of condition of inalienability imposed on assignees of government land - Land is not to be resumed but to be restored to the assignees - Act prevails over provisions of G.O. Whereas under the G.O. the policy adopted was one of resumption of lands, under the Act the policy adopted is one of restoration of lands to the assignees of Government Lands for violation of the condition of inalienability imposed at the time of assigning land. Under the G.O. it is open for the executive to resume the lands from the landless poor persons on the ground that they have alienated lands. Hut, under the provisions of the Act it is not so open to the executive to resume those....