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INDIAN BARE ACTS

LAONI RULES, 1950

The Assignment of land in Telangana area
Telangana region marked in white within the st...

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LAONI RULES, 1950

No. 64                                                          Dated the 16th November, 1950

In exercise of the powers conferred by Section 172 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F., the ‘Governor is pleased to make the following Rules:—

1.   (a) These rules may be called the Laoni Rules, 1950, and shall come into

force from the date of their publication in the Gazette.

(b) From the date of enforcement of these Rules, the Laoni Rules, 1347F, shall be repealed; but any action taken under the said Rules shall be deemed to have been taken under these Rules.

CASE LAW

A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, Sees. 2(1) and 3 – Assignment of land – Rules of revised Assignment policy Issued in G.O.Ms.No. 1406, Revenue, dated 25-7-1958. Land assigned under Laoni Rules 1950 In 1953. No prohibition for transfer of land assigned in 1953 under those Rules. Condition of non-alienabilityof assigned land enforcd only in 1958 under the G.O.Ms.No. 1406. Land assigned without a condition of non-alienability does not fall within the mischief of Sec. 3 of the Act and does not come within the definition of ‘assignd land’ under Sec. 2(1) of the Act. Suit land covered by Sale deed dt. 20-3-1967 obtained by plaintiffs from the L.Rs. of original assignee to worn the said land was assignd in 1953 under Laoni Rules of 1950 when there was no condition of non-alienability therefore not hit by provisions of Act 9 of 1977. G.V.K. Rama Rao vs. BakeliteHylam Employees Co-op. House Building Society, Hyd., 1997 (4) ALT 304.

2.      Any person desiring to take up unoccupied land shall submit a petition
to the Taahsildar in writing. This application need riot be stamped. The
person so applying shall not enter upon the land without obtaining the
previous permission in writing from the Tahsildar‘s Office.

3.      The village patwari shall furnish to any person desirous of so applying
full information regarding the nature of the land available for being
granted for cultivation. No fee shall be charged for giving such information
and if applicant is illiterate; the Patwari himself should if requested to do
so, assist in writing the application.

4.      (a) A separate file with a fly-sheet as per Form-A shall be opened in

respect of each application received by the Tahsildar for land for laoni.

(b) An Index Register of all the applications received shall be mainatined in Form-B.

5.  (a) The applications shall be registered in the order in which they are

received in a register in Form-C (1) to be opened separately for each kind of land such as (a) lands assessed as waste (b) unassessed lands and (c) reseerved lands.

(b)          Applications for vacant sites for building purposes, etc. shall be
entered in register in Form-C (2).

(c)           Eah application on being duly entered in the registeres shall be
forwarded by the Tahsildar to the Girdawar of the halqa in which the
village is situate for submission of detailed inspection and report.

– – –

 

1.          Subs, by A.P.A.O. 1957.

2.          Published in the A.P.Gaz.,dt. 7-12-1950 (No. 62).

 

– – –

 

6.      The Girdawar shall maintain a register in Form-‘D’ and enter therein the
partiulars of the appliation reeived from the Tahsil Office. He shall then
issue a notice in Form-‘E’ stating therein the name of the applicant
particulars of the land applied for the date on which the Girdawar would
inspect the land, such date being fixed not earlier than 15 days from the
date of issue of notice Copies of the notice shall be served on the
applicant and on the adjoining land-holders. The village officers shall
also affix a copy of the notice in a conspiuous place in the village chavadi
and on the land applied for, and the contents thereof shall be proclaimed
by beat of drum.

7.      On the date fixed for inspection, the Girdawar shall proceed to the village
and in the presence of the applicant and of such of the adjoining land­
holders as may be present, of the village officials and of other prominent
persons of the village, draw up a panchanama mentioning therein the
nature of the land applied for the extent required, and all relevant
information about other appliants who may also indicate their willingness
to take up the land, and prepare a sketch of the land applied for showing
its approximate position to other lands of the village. He shall also obtain
of the sketch the signature or thumb impression, if illiterated of the
applicant to confirm his application for the particular land.

8.      The Girdawar in his report enclosing the said panchanama shall given
full information as regards the total extent of land under each head
available in the village, the number of cattle, the nature of the land
applied for, the bonafide nature of the application, and other relevant
matters and submit it to the Tahsildar within a month from the date of
receipt of the appliation from the Tahsilar for inspection and report. This
report shall be accompained by a memoradum in Form-F.

9.      The Tahsildar shall, on receipt of the report from the Girdawar decide
whether the request of the applicant for grant of land may be complied
with, after giving due consideration to the following matters:-

 

(a)           If the land applied for is reserved for public purposes, such as soures
of irrigation, lands with groves of trees where people are in the habit
of assembling periodically for purposes of fairs,jatras orworship, or
when the lands are treated as reserved forests or are set apart for the
use of the Public Works Department or for manufaturing salt, or
taking clay for purposes of potters trade, etc., the application shall
be rejected and the applicant be informed accordingly within a
month of the report from the Girdawar oof the halqa.

(b)          Before passing any orders on applications for grant of lands out of
small scattered numbers of poramboke and kharij khata, the
Tahsildar shall ascertain whether the land is required to be set apart
under Section 25 of the A.P. (Telangana Area) Land Revenue Act for
pasturage, for cattle, for grass-reserves, for any Government purposes
or for the benefit of the public. Atleast 10 per cent of the total area
under cultivation in a village shall be set apart as grazing lands for
cattle, etc. No lands shall be assigned unless these minimum
requirements have been provided for.

If after providing for grazing lands, some land is still available for cultivation, the Tahsildar shall submit a recommendation to the Collector for sanction of such ocupation in all cases where the extent of land applied for is more than 8 acres of dry land. The Tahsidar shall also refer to the Collector for orders all applications for land under wet cultivation. Where the land applied for is 8 areas or less of dry land and the estimated value of the same with Malki or value of

 

trees, buildings, etc., thereon is below 100 rupees, the Tahsildar is authorised to grant the same after holding an auction thereof himself or through the Girdawar.

(c)   If from the panchanama and the report of the Girdawar it is apparent
that the land applied for is only an assessed waste, whether from the
commencement of the period of settlement or has become waste
land subsequently due to the resignation or resumption, the Tahsildar
shall proceed to dispose of the land as follows:—

(i) If the land is dry land and has long lain waste, the Tahsildar shall fix a date for the sale of such land to the village where it is situate.

(ii) If the value of such land, mentioned in clause (i) above, is estimated to be less than Rs. 100, the Tahsildar may allow the sale to be conducted on the spot by the Girdawar. (iii) If the value of the land exceeds Rs. 100 but does not exceedRs.500 according to the panchanama sent up by the Girdawar with his report, the Tahsildar shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land is situate and after affixture of a copy of the notice to the Notice board of the Tahsil Office, (iv) In all cases where the value of the land is estimated to be Rs. 500 or more, but within Rs. 2,000 the Tahsildar shall submit a recommendation to the Deputy or Assistant Collector to conduct the sale personally. The Deputy or Assistant Collector, after passing orders for disposal of such land by public auction shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land is situate and after affixture of copies of the notice to the Notice boards in the offices of Tahsil and Division.

(v) If the estimated value of the land is Rs. 2,000 or more, the recommendation shall be submitted by the Deputy or Assistant Collector to the Collector. The Collector after passing orders for the disposal of such land by public auction, shall conduct the sale personally on a specified date after giving due publicity thereto in the village where the land situate and affixture of copies of the notice boards in the respective offices of Tahsil, Division and District.

(d)  In case of lands which adjoin forest boundaries or which contain
sendhi or toddy trees at the rate of more than 50 per acre; the
Tahsildar shall submit the records to the Collector, and the Collector
shall pass orders after ascertaining from the Forest and Excise
Departments, whether they have any objection to the granting of the
land applied for. The Forest and the Excise .Department shall
express their views within a period of two months from the date they
receive proposal from the Collector in this behalf. If there be any
objection either to the Forest or to the Excise Department the land
shall not be given of Laoni and shall be reserved for the purposes of
the Forest or Excise Department with the approval of the Board of
Revenue. But in respect of lands adjoining the forests whose
boundaries have been demarcated, it is sufficient to order the
Tahsildar to inspect the land personally and to report as to whether
the forest boundaries have been demarcated.

 

If such a report discloses that the demarcation has been completed and if the revenue records show that the area of the forest has been separately noted and excluded from other lands by correction of akarbands and maps, it shall not be necessary to consult the Forest Department.

(e)          If the area applied for is only a part of a number and if there be no
objection for the grant of such land, the land applied for shall be
measured roughly by the Girdawar and allotment made after fixing
a temporary assessment at the rate at which the adjoining land or
the nearest adjoining number has been assessed already. This
temporary rate of assessment shall be levied till the Department of
Land Records (Survey and Settlement) completes the sub-divisional
survey and corrects the ofoorband.

(f)            While submitting papers, the valuation of trees standing on the land
shall be made in the first instance by the Girdawar according to the
local estimate and thereafter scrutinised by the Tahsildar. The
Tahsildar shall then auction the trees on the spot by fixing a date
after giving wide publicity. In case of Sendhi or Toddy trees, the
valuation shall be at the rate of Rs. 10 per tappable tree or at such
other rate as may be fixed from time to time.

(g)         When it is decided to dispose of the land by auction the auction
amount of the land and the trees standing thereon shall be recovered
as follows:—

On the date of the auction, after the auction is held or within a period of a week from the date of order of allotment where lands are allotted without auction the party to whom the land is allotted shall deposit 25 per cent, of the value of the land and the auction amount of the trees thereon and the balance of 75 per cent within 15 days thereafter. On receipt of the full amount,permission to occupy the land shall be given to the party in the Form ‘G’ in duplicate and the signature of the allottee shall be obtained thereon along with date.

One copy of the permission shall be given to the allottee and the other copy with necessary endorsement of service shall be returned along with record to the Tahsildar by the Girdawar. The Girdawar shall personally serve all such notices and obtain acknowledgments. A memo shall also be given to the village officers to note in the village records the particulars of the land, the name of the person, and the assessment to be recovered, etc., and revenue shall be collected on the land, according to the rates so fixed till the akarband is finally corrected by the Survey and Settlement Department.

(h) If on the report of local officers, the Collector finds that a proper price may not be secured by an auction or that there is likelihood of vested interests acting together and putting up prices so as to make it impossible for the poorer classes to get the land at a fair price, the Collector may fix an upset price, and allot the land to the applicant without holding an open sale.

(i) The sale shall be held after giving 15 days previous notice to the
inhabitants of the Village. A copy of the sale notice in Form ‘H’ shall
be pasted on the Notice Board of the Tahsil Office and the Village
Chavdi.                              ‘

10. The sale shall be onfirmed by the Tahsildar where it is held by the Girdawar, by the Deputy or Asst. Collector-in-charge of the division where it is held by the Tahsildar and by the Collector where it is held by

 

the Deputy or Asst. Collector. Where the sale is onduted by the Collector

himself, the Board Revenue shall be confirming authority. At the

conclusion of the sales the authority conducting the sale shall submit

the records along with the necessary challan numbers pertaining to the

payment of the full price by the party to the proper authority as indicated

above. The confiming authority shall then pass orders either confirming

the sale if there be no objection or cancelling the same if he is of the

opinion that the sale should be ancelled and a fresh sale held.

In case the confirming authority is of the opinion that the land cannot be

granted for laoni he shall order accordingly. After the endorsement of his order,

the papers shall be sent back to his next subordinate officer, and if that

subordinate officer is not the Tahsildar, the intermediate authority shall sent

the papers with the final orders in the usual course to the Tahsildar.

The Tahsildar shall in case of confirmation of the sale, issue a permission for occupation in Form ‘G’ prescribed in sub-rule (g) of Rule 9, Otherwise, an order of rejection shall be issued to the party intimating that the land cannot be granted, for the reasons assigned in such order. In cases where the recommendation for grant is rejected the amount realised from the party whose bid has been accepted, shall also be refunded without any delay and the fact of such refund be entered in the conneted records of the office.

CASE LAW

Rules 10 and 16 and A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, Sees,3 and 2(1) – Cancellation of assignment on the ground of transfer of assigned land in contravention of Section 3 of the Act. Land assigned under Laoni Rules without mentioning any condition as to non-alienability in the assignment at a time when the Rules did not provide for imposing any such condition. Only by G.O.Ms.No. 1406 dated 25-7-1958 such a condition was provided in the Rules. Land assigned does not fall within th category of assigned land due to non-imposition of condition of non-alienation in the assignment to attract Sec.3. Cancellation of assignment made for alleged contravention of Section 3 of the Act in the circumstances of the case and resumption of land from the transferee – Not legal. Shyam Sunder vs. Gout, of A.P. 2001 (6) ALT 128 (1997 (4) ALT 127 and 2000 (3) ALT 774 – followed).

11.             Where a land granted for occupation does not already bear survey
number, a reference shall be made by the Tahsildar to the District Land
Record Officer for getting the phodi work completed.

12.             The District Land Record Officer, after receiving record, shall arrange to
have the land sub-divided and to have a separate number assigned
thereto in accordance with the prescribed rules to classify the soil, and
to arrange to get the akarbands and maps corrected. After such
correction has been made the records shall be sent back to the Tahsildar
to make a notice in the village records showing the area finally determined
as a result of such phodi work and the assessment due thereon.

13.     If, as a result of the completion of the phodi work done by the Land
Records Department, the are^a in the occupation of the grantee is found
to be within 20 per cent or one acre whichever is more in respect of
irrigated lands. The Land Records Officer shall assign the number
including such area and the grantee shall be liable to pay pro rata price
realised during the auction or grant for upset price for such extra land.
If the area in ocupation is found to be more than 20 percent or the extent
of the margin noted above, the matter shall be referred back to the
Tahsildar for his opinion as to whether these extra lands may be added
on to the land of the grantee, or be excluded.

The Tahsildar shall after obtaining the previous sanction of the sanctioning authority who had originally granted the land ommunicate his final opinion as

 

to whether such extra land should be added or excluded from the holding as the case may be. Action shall then be taken accordingly by the Land Records Officer and the phodi work completed.

14. Any variation in the assessment rates as fixed by the Land Reords
Officer in the akarbandas shall take effect only from the year following
the year of such correction in the akarband and shall have no retrospective
effect.

Special Laoni

15. No lands in the special area notified under Section 58-A of A.P.
(Telangana Area) land Revenue Act, shall be assigned except in accordance
with the following rules:—

(a)           The object of the special labni is to make land available in certain
areas to such landless persons of agricultural and backward classes
as may be notified from time to time, and who have not sufficent
means to purchase land either at the ordinary laoni auctions or
otherwise. The selection of the most deserving applicant should be
made by Tahsildar after due publicity in the village or at the place
fixed for the allotment proceedings.

(b)          Special laoni, proceedings may ordinarily take place twice a year in
the months of April and September, and may also take place at other
times when the Tahsildar is visiting the locality.

 

16.     In making seletion for special laoni preference shall be given to persons
who reside in the village, but do not possess any patta or shikmi rights
in any land in the village or elsewhere or who have insufficient land but
possess bullocks and agricultural implements. Persons who are already
cultivating lands are ‘asamis’ or ‘bataidars’ shall be given preference
over other labourers.

17.     The persons selected by the Tahsildar shall be given possession of the
land after auctioning the timber standing thereon. The auction purchaser
shall be required to remove the” timber within the time fixed by the
Tahsildar having regard to the area and the volume of timber standing
thereon:

Provided that where the auction purchaser is the person selected he shall be entitled to take possession of the land with the standing timber after payment of the auction amount:

Provided further that where the Tahsildar has sufficient reasons to believe that the means of such person make it difficult for him to pay the auction amount in one lump sum, he may report accordingly to the Collector while submitting his proposal for the selection of such a person for confirmation of the Collector. The Collector may, if he thinks fit, order that the auction amount shall be recovered in three annual instalments, commencing from such date as may be fixed by the Collector according to his discretion and circumstances of the case.

18. The selection by the Tahsildar of any person for special laoni shall be
confirmed by the Collector within a month from the date of the proposal
for such selection, after satisfying himself that there has been no
material irregularity in the proceedings.

 

19.  The allottee of the land shall prepare the land for cultivation within three
years of being placed in possession and commerce cultivation of the land
thereafter. The pattadar may be rejected by the order of the Collector for
breach of any of the above conditions :

Provided that he has been served with a notice calling upon him to comply with the conditions which he has violated and he fails to comply with it within three months of the date of service thereof. If lands has been transferred in contravention, the conditions, the Collector may eject the transferee.

20.      After sanction has been accorded by the Deputy or Assistant Collector in
the case of ordinary laoni and by the Collector in the case of special laoni,
the Tahsildar shall obtain an agreement from the person to whom land
is to be allotted and after recovering any amounts due shall give him
permission in writing to occupy the land.

21.      The Tahsildar shall be careful not to give such permission until the
auction amount of the timber, has been paid, unless the payment
thereof by instalments has been allowed under proviso to Rule 17. All
amounts realised from the auction of timber, shall be credited to the
Forest Department.

22.      Land revenue shall be payable from the crop session in which possession
of the land was given :

Provided that in the case of unoccupied or waste land which is granted on patta under special laoni, the Collector may, if he is satisfied that the land has been brought into cultivation or all possible efforts are being made for its cultivation, remit the land revenue for a period not exceeding three years from the date the allottee of the land is placed in possession of the land.

23.      The special laoni provisions shall apply to all applications for assessed
land which are not reserved. The Tahsildar may grant pattas under the
rules laid down above.

24.       A register shall be maintained as in Form T in respect of all lands
granted under Special Laoni Rules.

FORM A

Flysheet for files in Tahsildar’s Office regarding application for Land for Laoni

(See Rule 4 (a))

1.  Application No. and date.

2.            Name of village and halqa.

3.            Name of applicant.

4.            Particulars of lands, house-site
or    other    subject    of   the
application.

5.            Details of trees, wells or buildings
on the land their approxirriate
value.

6.            Whether any entry has been
made in the Setwar or Index
Register or other accounts

 

relating to the subject of the application against the grant of it and if so the details of the entry.

7.            Cart-track, road, nala, or any
recognised communal rights
existing on or in respect of the
land.

8.            Any objection of the Villagers
against the grant.

9.            Date of application.

 

10.              Date of sale notification.

11.              Date  of publication  of the
notification.

12.              Whether the notice has been
served on the applicant and
adjoining holders.

13.              Date and place of sale.

14.              Name of highest bidder.

15.              Amount of the highest bid.

16.              Details of the remittance of the
amount into Treasury.

A.  Deposit

B.  Reminder

17.  Details of any objections received
against the grant.

18.              Rights reserved, if any.

19.              If the application relates or a
building site conditions, if, any
regarding the situation of the
building    and     period     of
completion, subject to which the
sale was conducted.

20.      Signature of the clerk.

21.      Orders of the Tahsildar in cases,
subject  to  his  disposal  or
recommendation in other cases
with signature and date.

22.      Final orders of Collector or other
higher authority.

 

Amount      Date     Treasury No.

 

FORM B

(See Rule 4 (b)) Index Register of applications for..

Halqa…………………………… Taluqa

Application Register

 

SI.No. Name ofvillage Number Number Number Number Number Number
(1) (2) (3) (4) (5) (6) (7) (8)
1. A            
2. B            
3. C            
4. D            
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