C. T. RAVIKUMAR, SANJAY KAROL
Revenue Divisional Officer, Chevella Division – Appellant
Versus
Mohd. Syeed Ather – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. This bunch of cases belong to three categories, but all carry the same question(s) for resolution. The first batch of appeals viz. Civil Appeal Nos.1919-1922 of 2016 are directed against the common judgment and order dated 02.09.2008 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in quartet Writ Petitions viz., WP Nos. 13227/2005, 13228/2005, 13229/2005 and 13230/2005. The second batch of appeals viz., Civil Appeal Nos.1923-1930 of 2016, except Civil Appeal No.1929 of 2016 which was de-tagged as per order dated 31.07.2024 are directed against the judgments and orders in different Writ Petitions carrying the same questions arising out of the identical factual situations and allowed in terms of the common judgment and order dated 02.09.2008, which is under challenge in the first batch of Civil Appeals. The third batch contains two Special Leave Petitions viz., Nos.19725-19726 of 2021, again carrying the same questions arising out of identical factual situations and allowed in terms of the common judgment and order dated 02.09.2008, which is under challenge in the first batch of Civil Appeals. In such circumstances, leave is grante
Yadaiah and Anr. v. State of Telangana and Ors. (2023) 10 SCC 755; 2023 INSC 664 [Para 8]
Government of AP and Ors. v. Gudepu Sailoo and Ors. (2000) 4 SCC 625; 2000 INSC 266 [Para 8]
The court found that misconceptions regarding land assignment and market value collection led to the erroneous judgment, necessitating a remand for fresh consideration.
The absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
The definition of 'assigned land' under the Assigned Lands Act requires an absolute non-alienation condition, which was not present in the original assignment.
The court established that adherence to procedural requirements in eviction proceedings under the A.P. Assigned Land Prohibition of Transfers Act is essential for the validity of such orders.
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
Assigned Land - Resumption proceedings maintainable - Act contemplates taking action at any point of time soon after it comes to the knowledge of the officials about the contravention of the provisio....
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