M.Vijaya Bhaskar Reddy vs The Govt Of Ap., Rep.By Its Secretary, ...
2023 Latest Caselaw 5834 AP

Andhra Pradesh High Court - Amravati

M.Vijaya Bhaskar Reddy vs The Govt Of Ap., Rep.By Its Secretary, ... on 6 December, 2023

           HIGH COURT OF ANDHRA PRADESH
               MAIN CASE: W.P. No. 6718 of 2012

                              PROCEEDING SHEET

SL.     DATE                             ORDER                             OFFICE
NO.                                                                         NOTE

17.   06.12.2023   RNT, J

                          The petitioner‟s case is that the land in
                   question was an assigned land to      some     other
                   person who had taken loan from the Cooperative
                   Central Bank by mortgaging the same and when
                   he could not repay the loan, the same was put to
                   public auction, in which the petitioner purchased.
                   The sale certificate dated 17.07.2006 was issued
                   in his favour. It is submitted that the said land
                   was submerged in Backwaters of Somasila
                   Project.
                          2. The petitioner has filed this writ petition
                   for direction to the respondents to acquire the

said land under the Land Acquisition Act and pay compensation.

3. Sri D. Kodandarami Reddy, learned counsel for the petitioner, argued that in view of Section 6 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (in short „the Act 1977‟) and also the Division Bench Judgment of this Court in State of Andhra Pradesh and others v. P. Yashoda {2019 (4) ALD 413 (DB)}, the assigned land which is mortgaged with State Government, Central Government or Bank etc., is

SL. DATE ORDER OFFICE NO. NOTE exempted from the operation of the Act 1977.

4. On prima facie consideration of Section 3, which provides for the prohibition of transfer of assigned lands, and under sub-section (2) it provides that no landless poor person shall transfer any assigned land, and no person shall acquire any assigned land, either by purchase, gift, lease, mortgage, exchange or otherwise, as also on prima facie consideration of Section 6 of the Act 1977 which provides for exemption that "nothing in this Act shall apply to the assigned lands held on mortgage by the State or Central Government or local authority, a cooperative society etc.", on query being to the petitioners‟ counsel, if section 6 is prospective in nature, and if the expression „held‟ in Section 6 refers to mortgages as on the date of coming into force of the Act 1977 or also to the mortgages created later on, he seeks time to look into that aspect requesting for posting the matter on 13.12.2023.

5. Post on 13.12.2023 for further hearing, under caption „part-heard‟.

_________ RNT, J Dsr