The High Court disposed of a writ petition challenging the dispossession from assigned land. The petitioner was granted liberty to appeal and directed that she not be dispossessed for four months.
liberty to file appeal and directions to not dispossess the petitioner for four months.
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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
W.P.No.851 of 2014
ORDER:
The Writ Petition is filed questioning the action of the respondent Nos.2 to 4 in intending to dispossess the petitioner from the land in survey No.207/1A, admeasuring an extent of Ac 1.63 cents situated in Thimmapuram Village, Mahanandi Mandal, Kurnool District as arbitrary and illegal.
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sold to the petitioner and he was given pattadar pass book and title deed bearing No.599838 under IB Khata No.652. As the original assignee has violated condition No.3 of assignment rule the same was liable for cancellation. Notice in Form I and Form II under Rule 3 of Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act 1977 and Rules was served on Smt Golla Gangamma, W/o. Late Chinna Lingamaiah, original assignee and also on the petitioner on 20.10.2011 directing them to submit their explanation within fifteen (15) days. Even after the lapse of forty five days (45) they did not submit any explanation and in these circumstances, the D-form patta was issued to Sri Golla Chinna Lingamaiah was cancelled by the then Tahsildar and orders are passed resuming the subject land and possession was also taken on 30.06.2012 and prayed to vacate the interim direction.
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the light of this final order.
________________________________ KONGARA VIJAYA LAKSHMI, J
Dated: 04.02.2022 EPS
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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
179
W.P.No.851 of 2014
Date:04-02-2022
EPS
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2 issues framed by the court
Whether the petitioners can file an appeal against the Tahsildar's orders within three months.
Whether the respondents are restrained from dispossessing the petitioner from the land during a four-month period.
1 provisions across 1 enactments
Petitioner
Respondent Nos. 2 to 4
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
