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DIPANKAR DATTA, MANMOHAN
State of Telangana – Appellant
Versus
Dr. Pasupuleti Nirmala Hanumantha Rao Charitable Trust – Respondent
JUDGMENT :
MANMOHAN, J
1. Present Appeal has been filed challenging the impugned judgment and final order dated 05th July, 2022 passed by the High Court for the State of Telangana at Hyderabad in Writ Appeal No.1328 of 2014, whereby the High Court dismissed the Writ Appeal filed by the Appellants herein and upheld the judgment and order dated 24th June, 2014 passed in W.P.(C) 28980/2013 passed by the learned Single Judge. It is pertinent to mention that both the Courts below held that the Respondent-Trust is the absolute owner of the land to the extent of Ac.3.01 gts.in Sy. No.72/31 situated at Chinnathimmapur village, Mulugu Mandal, Medak District, as the Appellant-State having sold the land on payment of market value could not have placed any condition restricting the enjoyment of the land and such restrictions were void under Section 10 of the Transfer of Property Act, 1882 (hereinafter referred to as ‘TPA’). The relevant portion of the impugned order passed by the Division Bench is reproduced hereinbelow: -
(1) Distribution of State-owned assets – Government cannot distribute State’s largesse and normally State must get maximum value of resources, especially when State-owned assets are passed over to pr....
The allotment of land and delivery of possession in favor of the petitioner is a Government Grant within the meaning of the Government Grants Act, 1895. The State is not entitled to resume the land a....
The authority to alienate municipal land must comply with statutory provisions; resolutions made in violation of such authority are legally unenforceable. The suit was time-barred, highlighting signi....
The court emphasized the need for local authorities' input in land allotment decisions to ensure compliance with community needs and statutory obligations.
The definition of 'assigned land' under the Assigned Lands Act requires an absolute non-alienation condition, which was not present in the original assignment.
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