section (2) puts an end to tenancy rights of the
landless poor persons too though in name sub-section (2) purports to
save them from ... extent of Ac.2.60 cents. wet. While A is a landless poor person and is
saved from cancellation, B would not be such
Hereinafter,
‘1977 Act’] which prohibited transfer of land
assigned to landless poor by the Government.
Realizing the potential pitfall in carrying out the
sales ... Patta of
unoccupied Government Lands to the
Harijans, Backward Classes and Landless
poor persons have been issued from time
to time
null and void and unless the transfer is to a
landless poor, the land is to be resumed. Here, D.W. l deposed that
there ... assignee by disbursing the transfer alienee unless the alienee is a
landless poor. Therefore, the expression in K.M. Kamalluia Basha
(supra) that runs contrary
cancel any lease of agricultural land other than lease
to a landless poor person. Section 82 of the 1987 Act reads thus:
“82. Lease ... being in force, held by a person who is
not a landless poor person stands cancelled.
(2) xxx xxx xxx
(3) The authority to sanction
plaint that the original assignee i.e. S.
Bangaramma was a landless poor, who sold the suit land in the year 1970 to
another landless ... said Ramalingeswara Rao in turn sold the suit
land to landless poor, who are the plaintiffs-respondents herein. Hence,
both the sale transactions are protected
case of the
appellant before this Court, that he is a poor landless person, and that,
his family has been in occupation of the above ... being in force, held
by a person who is not a landless poor person stand cancelled.
(2) In respect of leases of agricultural lands other
without any interference or obstruction. The respondents further
pleaded that being landless poor they are entitled to assignment of
land as per the Board ... Gonda
Mallaiah for assignment of land by being treated as landless poor is
also indicative of the fact that the land belongs to the Government
transfer and
settlement of such land for the benefit of poor landless
persons or for community purposes and to provide in Gramdan
villages ... transfer and
settlement of such lands for the benefit of landless poor
persons or for community purposes and to provide in Gramdan
Villages
Section 5-A is likely to make the land owner a landless poor and force
him to migrate to the nearby city only to live
taken in 2002 and the same has been
distributed among landless poor persons, we refrain from doing so.
........................................J.
[G.S. Singhvi]
......................................J.
[Asok Kumar
