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9. It is also contended by Sri Ramana Reddy that the defendants (assignees) are no doubt assignees but however, all these assignees have paid land value. When once the land value is collected, the assignees become the owners and the Government cannot have any say in the matter and the Government ceases to be the owner of these lands. In support of his contention, Sri Ramana Reddy has also placed before me a decision of this Court rendered in Dharma Reddy v. Sub-Collector, Bodhan., 1988 (2) ALT 302. He also further contended that even if the assignee violates the terms and conditions of the patta, it is not open to the Government to resume the lands as provided under Section 4 of Act 9 of 1977. It becomes obligatory to make an enquiry against the violation of patta conditions and if it is found that the assignee has violated the patta conditions and sold the lands to third parties, it is open to the Government to cancel such a transaction and put the assignee or his legal heirs in possession of the assigned lands as far as possible. However, it is stated that if the assignee or his legal heir again violates the conditions, it would then be open to the Government to cancel the patta and resume the lands. In support of his contention, Sri Ramana Reddy also placed reliance on a decision of the DivisionBbench of this Court in Uppu Pandaiah v. The Manial Revenue Officer, 1992 (2) An. W.R. 791. He further contended that the orders of the lower Court, impugned in these CRPs have to be set aside, as the lower Court has not properly appreciated the context under which the provisions of Order I Rule 10 of CPC have been contemplated.

10. The learned Government Pleader appearing on behalf of respondents 1 and 2, has on the contrary submitted that the lands in question, which are the subject matter of the suit transaction are assigned lands ; the assignees who are the defendants in the suits have violated the terms and conditions of patta and, therefore, the Government have resumed the lands after giving necessary notice. If they have any grievance against such resumption, they can as well question the same before the Revenue Divisional Officer. When once the Government resumes such lands, the said lands vest in the Government. As these lands are Government lands, Government is a necessary party to protect its interest. The learned Government Pleader stressed the need to examine the facts as to how the entire transaction relating to the sale of assigned lands to the petitioners and the filing of the suits for specific performance has culminated, and contended that if the submissions made on behalf of the petitioners are to be accepted, the entire process of assignment to the poor and landless would get frustrated, being not in tune with the policy of the Government when assignment is made only in favour of landless poor with the sole intention to uplift them.

13. The third respondent in all these CRPs is the sole defendant in all the suits filed by the petitioners for specific performance of the agreement of sale dated 22-11-1989 for certain extents of lands. There is no dispute as to the fact that these lands are the surplus lands surrendered by declarants under Land Ceiling Proceedings, which were vested in the Government after due process.

14. When the surrendered surplus lands are vested in the Government, the Government is competent to distribute the same under Section 14 of the A.P.L.R Act to various sections of the society either for using from as house sites or for agricultural purposes or for any other purpose, as the case may be on their fulfilling certain requirements. Sub-section (2) of Section 14 of the said Act provides for payment of the value of the land as prescribed and on such payment, the patta shall be granted in respect of the lands. Sub-section (5) of Section 14 prohibits any alienation in respect of the land in violation of the conditions specified in sub-section (4). Any violation, the Government is entitled to resume. Admittedly, the subject matter of suit lands are assigned lands. Though D-form pattas are granted to these assignees, they are to put in use of these lands within certain period indicated in the conditions to grant 'D-Form' patta.