THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13729 of 2003 Order: Meghanagar Welfare Association, the petitioner herein, seeks a direction to the first respondent to consider the representation made by the petitioner-Association in accordance with Rule 10 of the Andhra Pradesh (Telangana Area) Alienation of State Lands and Land Revenue Rules, 1975 (hereafter called, the Alienation Rules). The members of the petitioner-Association have purchased small extents of lands admeasuring about 166 square yards to 200 square yards from the legal heirs of Dasari Narsa Reddy and Malla Reddy. The sales were negotiated by a broker, namely, P. Bal Reddy, S/o. P. Bikshapathi Reddy. It is the case of the petitioner-Association that all the purchasers constructed their houses in the land after purchasing in 1996 or thereabout. The Mandal Revenue Officer passed orders under Section 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (hereafter called, the Prohibition of Transfers Act). The vendors of the members of the petitioner-Association filed appeals. The purchasers also got impleaded. The appeals under Section 4-A of the Act were dismissed. Thereafter, the petitioner-Association made a representation on 19.11.2002 to the District Collector, in vain. A counter affidavit is filed by the Special Grade Deputy Collector and Revenue Divisional Officer, Ranga Reddy East Division on behalf of the District Collector. It is stated as follows: The land admeasuring Acs.7.00 in Survey No. 530 and 538 of Nagaram Village was not assigned to any persons. But, the Tahsildar passed orders under the Act. Aggrieved by the same, the assignees filed three writ petitions, being Writ Petition Nos. 10102 of 2002, 10173 of 2002 and 10174 of 2002. These writ petitions were disposed of by this Court directing the appellate authority to decide the appeals within three months. The petitioners herein, got impleaded before the Revenue Divisional Officer, who dismissed the appeal by proceedings No.B/41/2002, dated 5.7.2003. It is also alleged that the patta produced by the assignees is not genuine and the same does not bear the seal of the Tahsildar. A further allegation is made that the lands are resumed to the Government on 29.10.2001. An objection is raised with regard to the applicability of the Rules stating that all the assignments made subsequent to Assignment Rules in G.O. Ms. No.1406, dated 26.7.1958 are governed by only G.O.Ms. No.1406 and that the rules referred to by the petitioners are not applicable. This Court heard the counsel for the petitioner and the Assistant Government Pleader for Revenue. There is no denial that the land in Survey Nos. 530 and 538 was not assigned to anybody, much less to the vendors of the petitioner-Association. There is also no denial that the members of the petitioner-Association purchased small extents of lands under registered sale deeds in 1996 and there is also no denial that all the members have constructed their houses. Thus, when there is no assignment of the land, the applicability of the Rules made in G.O. Ms. No. 1406, dated 26.7.1958 is doubtful, especially when the Special Deputy Collector in the counter affidavit admits that it is not an assigned land and it is a Government poramboke. The Alienation Rules relied on by the petitioner were made vide G.O. Ms. No.73, dated 20.1.1975 in exercise of powers under Section 172 of the Andra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (hereafter referred to as, the Revenue Act) so as to implement the provisions of Section 25 thereof. It may be mentioned that Section 25 of the Revenue Act empowers the specified revenue officials to set apart any land in a settlement Village for pasturage of cattle or grass reserves or for other purposes, provided that such land is not in lawful occupation of any person. The Revenue Officials can do so only subject to the orders of the Government. Reverting to the Alienation Rules, as per Rule 3, alienation of State land to Local Body or Local Authority and private individuals can be considered. The procedure to be followed for alienation of State land is provided under Rules 4 to 6. Rule 10 as amended by G.O.Ms. No.12, dated 11.1.2002 reads as under: Notwithstanding anything contained in the foregoing rules, the Government may, if it desires to sell or otherwise alienate any of its lands or other property in Telangana Area, it may do so by following any reasonable procedure including public auction, where such alienation/sale is deemed necessary. As the above rule commences with a non-obstante clause, it over rides the other rules therein. As per the Rule, the Government is empowered to alienate the land in Telangana Area, by following the reasonable procedure, including public auction. The stand in the counter affidavit is that the Rules made in G.O. Ms. No. 73, dated 20.1.1975 are not applicable. This Court cannot countenance the said submission. When the land is not an assigned land and when the members of the petitioner-Association are in occupation of the land from 1996 onwards, the question of applying the rules in G.O. Ms. No.1406 does not arise. In such an event, invariably, the Alienation Rules are attracted. There is no denial that the representation made by the petitioner on 19.11.2002 is not disposed of. Therefore, the District Collector is directed to consider the representation and send proposal to the Government of Andhra Pradesh for appropriate orders as per Rule 10 of the Alienation Rules. The petitioner is also given liberty to furnish a copy of the representation dated 19.11.2002 to the District Collector immediately. The writ petition, without any order as to costs, shall stand disposed of accordingly. ____________ (V.V.S. RAO,J) 19th November, 2010 pnb