THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.25046/2002 Date of Order: 17-2-2011 Between: 1. G. Raja Reddy and others …Petitioners and 1. The Government of Andhra Pradesh, represented by its Principal Secretary, Revenue (Assn.4) Department, Secretariat Buildings, Hyderabad and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY W.P.No.25046/2002 Oral Order: The petitioners wrongly seek a writ of Mandamus in stead of writ of Certiorari for quashing of the proceedings of the Government of Andhra Pradesh in Memorandum No.25- 1268/Assn.4(2)/97 dt. 26-11-2002 dismissing the revision petition filed by the father of the petitioners by confirming the orders of the Chief Commissioner of Land Administration, Hyderabad dt. 31-1-1997, who confirmed the orders of the Joint Collector, Chittoor dt. 3-4-1993, canceling the assignment made in favour of the petitioners’ father and directing the Mandal Revenue Officer, Gudipala to restore possession of the land to the legal heirs of the original assignee. The facts, which are not in dispute, in brief, are as under: The father of the writ petitioners, G. Govinda Reddy, is a native of Papasamudram village. He owns Ac.0.48 cents of wet land and Ac.1.71 of dry land. The land admeasuring Ac.1-44 cents in S.No.300/1 of Papasamudram village in Gudipala Mandal was originally assigned to one Madiga Siddadu under DKT Patta No.36/4/40 dt. 19-3-1931 by the erstwhile Tahsildar, Chittoor, with a condition that the land should not be alienated to other than the depressed class people. The petitioners’ father, late Govinda Reddy, who was an ex-serviceman purchased Ac.0-96 cents and Ac.0-48 cents in S.No.300/1 under two registered sale deeds dt. 9-1-59 and 31-7-1961 from Gangaiah and Chengaiah, the sons of the original assignee, respectively. Since then, the father of the petitioners’ was in possession of the land. He planted tamarind, mango, neem trees in the said land. In 10(1) Extract, it was ordered transfer of register in favour of G.Govinda Reddy as per Mandal Revenue Officer’s order dt. 11-4-1990 in Proceedings No.233/90. It is reported in the Extract of 10(1) Extract, DKT patta was cancelled as per order dt. 10-8-1989 and the land was assigned in favour of G.Govinda Reddy as per DKT No.103/4/1399 dt. 10-4-1990. While so, the Joint Collector issued a show cause notice dt. 6-1-1993 to the G.Govinda Reddy calling upon him as to why the assignment made in his favour should not be cancelled as the assignment was made on mistake of fact. The Mandal Revenue Officer issued a Form-1 notice dt.10-2-1993 for cancellation of assignment under the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (for short “the Act 9 of 1977”). Questioning the notice issued by the Mandal Revenue Officer dt. 10-2-1993 and also show cause notice issued by the Joint Collector dt. 6-1-1993, G.Govinda Reddy filed WP No.2001/1993, which was disposed of on 24-2-1993 directing the first respondent therein shall consider the explanation and pass appropriate orders. The Joint Collector after considering the representation of the petitioners’ father dt. 9-4-1990 and the written arguments submitted to the show cause notice passed final orders cancelling the assignment made in favour of G. Govinda Reddy vide proceedings D.Dis.No.B21/6102/90 dt. 3-4-1993 and directed the Mandal Revenue Officer to restore the land to the legal heirs of the original assignee. Questioning the same, revision petition has been filed by G.Govinda Reddy before the Government and the Government by the impugned order dismissed the revision. Hence, the present writ petition. In the counter-affidavit filed by the respondents 1 to 4, it is stated that after passing of orders by the Joint Collector, the Mandal Revenue Officer issued proceedings dt. 9-4-1993 restoring land to the legal heirs of the original assignee. Questioning the proceedings of the Mandal Revenue Officer, G.Govinda Reddy filed WP No.5595/1993, in which this court passed interim orders suspending the order dt. 9-4-1993. Meanwhile, questioning the orders of the Joint Collector dt. 3-4-1993, G.Govinda Reddy filed an appeal before the Special Commissioner, Land Revenue, Andhra Pradesh, Hyderabad. Pending appeal, stay was granted. In view of stay granted pending appeal, WP No.5595/1993 was disposed of on 2-4-2003. The Commissioner dismissed the appeal on 31-1-1997. Questioning the said proceedings, the father of the petitioners filed a revision before the Government, which rejected the revision vide memo dt. 26-11-2002 holding that the purchase made by the petitioners’ father, G. Govinda Reddy is null and void in view of the provisions of the Act 9 of 1977; as. he is having Ac.0-48 cents of wet land and Ac.1-71 cents of dry land, he is not entitled to the protection under Sec. 3(5) as he is not a bona fide purchaser, and the assignment made in favour of Govinda Reddy, father of the petitioners is irregular since the original assignment made in favour of the original assignee has not been cancelled. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Revenue, and gone through the entire record. In spite of service of notice on the fourth respondent, he has not chosen to put up his appearance. Admittedly, Govinda Reddy was having Ac.0-48 cents of wet land and Ac.1-71 cents of dry land. Even if, Ac.0-48 cents of wet land is converted into dry, it will be Ac.0-96 cents of dry land and in total Govinda Reddy is having only Ac.2-67 cents of dry land. “Landless poor person” is defined under section 2(3) of the Act 9 of 1977, which means a person who owns an extent of land not more than 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dry land or such other extent of land as has been or may be specifically specified by the Government in this behalf and who has no other means of livelihood. Explanation to section 2(3) of the Act 9 of 1977 specifies computation of extent of land ie., 0.404686 hectares (one acre) of wet land shall be equal to 0.809372 hectares (two acres) of dry land. In view of the above, the petitioner is having Ac.2-67 cents of dry ie., Ac.0-96 cents of dry land and Ac.1-71 cents of dry land, which is less than 5 acres. Admittedly, the father of the petitioners, G. Govinda Reddy, was landless poor person as per the definition as referred to above. The Joint Collector in his order at paras 12 and 13 categorically held that Govinda Reddy is having Ac.0-48 cents of wet land and Ac.1.71 cents of dry land other than the land now under dispute and he is not a landless poor person to consider his claim for assignment and moreover he does not belong to depressed class. Once purchase was made by the landless poor person prior to coming into force of the Act 9 of 1977 bona fidely, he is entitled to the benefit under Sec. 3(5) of the Act 9 of 1977, therefore, the observation made by the Joint Collector that Govinda Reddy is not a poor man to consider his case and the land purchased by him shall be restored to the original assignee or to the legal heirs under Section 3 and 4 (1) of the Act 9 of 1977, is an error apparent on the face of the record contrary to the benefit provided under the Act 9 of 1977. Even if the assignment made in favour of the original assignee has not been cancelled and the same is assigned in favour of Govinda Reddy, he is entitled to claim benefit under Sec.3(5) of the Act 9 of 1977 as the purchase made by him is prior to coming into force of the act. In view of the same, the impugned orders passed by the Joint Collector, Chittoor ordering restoration of the land to the fifth respondent, as confirmed by the Commissioner of Land Administration, Hyderabad and the Government are liable to be quashed and they are accordingly quashed. The writ petition is accordingly allowed quashing the orders of the Joint Collector dt. 30-4-1993, as confirmed by the Commissioner of Land Administration by order dt.31-1-1997 and the Government of Andhra Pradesh by the impugned order. There shall be no order as to costs. ________________ A.GOPAL REDDY, J. Dt.17-2-2011 kmr