(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 23 is burdened with a lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner.
(2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules made under section 47, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 31 shall apply to such lease as if the lease were a mortgage or other encumbrance.
(3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of 16[the Telangana Tenancy and Agricultural Lands Act, 1950] shall so far as may be, notwithstanding the change in ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the said Act as between the landlord and his tenant:
16. Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
Consolidation Officer to decide whether lease should be transferred or not.
Act XXI of 1950.
[Act No. XL of 1956] 19
Provided that such owner shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid.
(4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Collector within the prescribed time.
33. Where there is a dispute in respect of the apportionment of -
(a) the amount of compensation determined under sub-section (2) of section 17 or sub-section (4) of section 18;
(b) the net value realised or payable under sub-section
(5) or (6) of section 22;
(c) the total amount of compensation determined under sub-section (2) of section 31;
the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 28 and 43 of 17the Land Acquisition Act, 1309 (IX of 1309 F.), shall, so far as may be, apply.
34. Notwithstanding anything contained in any law for the time being in force, no person to whom a holding has been allotted under this Act shall-
(a) transfer any holding or part thereof except in accordance with such conditions as may be prescribed;
17. Repealed by A.P. Act XX of 1959.
Alienation and sub-division of consolidated holdings.
Apportionment of compensation or net value in case of dispute.
20 [Act No. XL of 1956]
(b) except with the permsssion in writing of the Board of Revenue, sub-divide such holding.