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S. M. SUBRAMANIAM
Pooja Bhatt – Appellant
Versus
Collector of Nilgiris, Ootacamend – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records connected with the order dated 21.03.2016 made in RCA No.A3/707/2015 passed by the third respondent and quash the same.)
The order passed by the third respondent-Tahsildar, Kothagiri in proceedings dated 21.03.2016, is under challenge in the present writ petition.
2. The petitioner states that she is the Movie Producer and Actress based out of Mumbai. She had purchased a piece of property measuring about 26.12 cents in Survey No.578/10 in Jagatha Village, Nilgiris District for a valuable consideration. The Sale Deed was registered under Document No.1340/1999 in the Office of the Sub Registrar, Coonoor.
3. The petitioner states that the fourth respondent clandestinely managed to get his name included in chitta in respect of RS No.645/9 corresponding to Survey No.578/10.
4. The Revenue Authorities realised their mistakes and removed his name from the records. The fourth respondent subsequently filed complaint that he is the Original Assignee of the subject property and he had not transacted the subject property. Thereafter the fourth respondent
The assignment of government land to the landless poor must strictly adhere to the assignment rules, including verification of community and obtaining permission from competent authorities for land s....
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....
The land assigned to the landless poor can be transferred if the original patta does not contain a condition of non-alienation. The provisions of the POT Act are not retrospective in operation and, t....
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.
The main legal point established in the judgment is that authorities must establish that land is assigned with a condition prohibiting alienation before initiating proceedings under the A.P. Assigned....
Competent Authorities empowered to cancel assignment of Government lands if conditions are violated.
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.
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