IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE TWENTYNINETH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SRI JUSTICE B.CHANDRA KUMAR CIVIL REVISION PETITION No. 3830 OF 2009 Between: Syed Roshan Bee & Anr. … Petitioner V/s. Gajula Khaja Hussain & 5-Ors. … Respondents Counsel for the Petitioner : Sri J. Narayanaswamy Counsel for the respondent : Sri N. Aswarthaanarayana THE HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 3830 OF 2009 O R D E R : Heard the learned counsel for the petitioner. 2. Section 3 of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 is as follows: 3 (1) where before or after the commencement of this Act any land has been assigned by the Government to a landless poor person for purpose of cultivation or as a house site then, notwithstanding to the contrary in any other law for the time being in force or in the deed to transfer or other document relating to such land, it shall not be transferred or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred, and accordingly no right of title in such assigned land shall vest in any person acquiring the land by such transfer. (2) No landless poor person shall transfer any assigned land, and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage exchange or other wise. (3) Any transfer or acquisition made in contravention of the provision of sub-section (1) or sub-section (2) shall be deemed to be null and void. (4) The Provisions of this section shall apply to any transaction of the nature referred to in sub-section (2) in execution of a decree or order of a civil court of any award or order of any other authority. (5) Nothing in this section shall apply to an assigned land which was purchased by a landless poor person in good faith and for valuable consideration from the original assignee or his transferee prior to the commencement of this Act and which is in the possession of such person for purposes of cultivation or a house site on the date of such commencement. 3. It is clear that either before or after the commencement of the Act, if any land has been assigned by the Government to any landless poor persons for the purpose of cultivation or a house site then such house site or land shall not be transferred to any other person, even if it is transferred, such transfer is null and void and shall be deemed to never have been transferred. It is also crystal clear that no person can get any right, title for such assigned land, in execution of a decree or order of civil court or of any award or order of any other authority, which has been assigned by the Government to a landless poor person except in case of purchase of such land by a landless poor in good faith and for valuable consideration prior to the commencement of this Act. 4. Considering the economic conditions of the poor person and socio-economic status in the society and also their indebtedness, the Government has made such provision to protect the interest of those persons, who have not been assigned a house site or a Government land. 5. The case of the revision petitioner is that he advanced the amount to respondent No.1, R-1 is no more and he is being represented by his legal representatives i.e., other respondents. The specific case of the Revision Petitioner is that he had advanced the amount to Respondent No.1/Defendant No.1, who in turn mortgaged the property assigned by the Government to him and since the respondent No.1 failed to redeem the mortgaged property, the petitioner, having obtained a decree in OS.No. 86 of 1999 from the Court of Principal Senior Civil Judge, Ananthapur, filed E.P.No. 67 of 2007 for attachment of the mortgaged schedule property and sale of the same for realization of the EP amount. The learned Principal Senior Civil Judge, Ananthapur, having considered the evidence on record i.e., the evidence of PW-1 and RWs.1 and 2 and Ex.P1 and Ex.B-1, came to the conclusion that the property in issue was assigned to the first respondent in 1979 i.e., after Section 3 of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977 came into force and therefore, such transfer is illegal. It also appears that the Government has sanctioned some amount for the construction of the house to respondent No.1 under the scheme of Indiramma Housing Scheme. In view of the clear provision referred above i.e., section 3 (1) of the A.P. Assigned Land (Prohibition of Transfers) Act, 1977, I am of the view that there are no merits in this revision. 6. The Civil Revision Petition is accordingly dismissed. No costs. _______________________________ JUSTICE B. CHANDRAKUMAR. 29-06-2010. I s L THE HONOURABLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 3830 OF 2009 Circulation Entry No. 79 Date: 29-06-2010 Computer No. 43 Court Master: I s L