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1 - 3 of 3 (0.26 seconds)Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977
A. Venkatesan And Ors. vs Government Of Andhra Pradesh And Ors. on 11 February, 2004
2. The brief facts of the case are that the Decree Holder
entered into a sale agreement with the Judgment Debtor on
21.06.2004 for Ac.2-22 gts of dry land in Sy.No.405
(Old)/405/12 (New), Paloncha Revenue Village, but the JDR
failed to execute the registered sale deed despite receiving the
balance sale consideration. The DHR filed O.S.No.13 of 2005
before the Principal District Court, Khammam, for specific
performance, and on 31.08.2010, the Court decreed in favor of
the DHR, directing the JDR to execute the sale deed, failing
which it could be executed through Court process. Since the
Judgment Debtor did not comply, the Decree Holder initiated
E.P.No.12 of 2015 for execution, and during the proceedings, the
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SKS,J
C.R.P.No.377 of 2022
Court directed the Tahsildar, Paloncha, to register the sale deed.
However, the Tahsildar objected, claiming the land was
Government-assigned and its transfer violated the A.P. Assigned
Lands (Prohibition of Transfer) Act, 1977. The DHR countered,
stating the land was assigned to Narayanapeta Eswaramma
under the political sufferers quota per G.O.Ms.No.1743 on
02.08.1959, which permitted unrestricted sale, and that the
1974 sale deed was legally valid, with subsequent purchasers
receiving pattadar passbooks and title deeds. Citing the ruling of
this Court in A.Venkatesan & Others v. Government of A.P. 1,
the trial court held that the Tahsildar had no authority to reject
the registration, as the Government had not reclaimed the land,
and directed him to register the sale deed in favor of the DHR.
Aggrieved by the same, the present Civil Revision Petition is filed.
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