IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.Naveen Rao, J.
Sumathi Mandal, W/o. Dulal Mandal - Petitioner
Versus
The State of Telangana, rep., by its Principal Secretary, Revenue Department and others – Respondents
Writ Petition No.12205 of 2021
Decided On : 06-07-2021
Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 - Section 3 (5) – Mandamus - Writ petition - Unregistered sale deed – Late J was assigned land to an extent - This land was claimed to have been purchased by petitioner by way of an unregistered sale deed; entered into possession and constructed a small dwelling unit - Daughter of late J filed application before Tahsildar to evict illegal encroachers from assigned land and to hand over possession to her - Based on said application, proceedings were initiated under Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977) and notices were served on petitioner and complainant - After affording due opportunity, resuming land to an extent into Government custody from petitioner holding that petitioner was an encroacher of assigned land - He has issued directions to the Mandal Revenue Inspector and Village Revenue Officer, to take possession of land to an extent into Government custody and to submit proposals for assignment of same to landless eligible women beneficiary in village with immediate effect – Held, Court do not see any error in issuing notice impugned in writ petition warranting interference - Merely on ground that petitioner made a representation to Tahsildar requesting to conduct fresh enquiry is no ground to restrain authorities from taking further action in accordance with decisions already made under Act, 1977 - Further, by representation, petitioner was requesting to conduct a fresh enquiry - Once a decision was made by Tahsildar, he has no power to undertake review of decision made - Further, in this case, appellate authority affirmed decision of Tahsildar - Therefore, order of Tahsildar stands merged into order of higher authority and once order is merged into order of higher authority, even otherwise, Tahsildar cannot undertake review of his decision - Writ petition dismissed.
ORDER :
The Prayer sought in the writ petition reads as under :
“… to issue an order or direction or Writ more particularly one in the nature of Writ or Mandamus declaring the action of the Respondents in not considering the Petitioner’s representation dated 20.02.2018 for fresh enquiry and assignment of subject land and also issuing the impugned eviction Order dated 06.04.2021 passed in B/530/2021 on the file of the Tahsildar, Kaghaz Nagar, directing the Petitioner to vacate the subject land bearing Sy.No.5/130 measuring extent Ac.1.00 cents within a week days as illegal, arbitrary, against the provisions of the Law and practice and also against the Principles of natural justice and Consequently set aside the impugned order dated 06.04.2021 passed in Rc.No.B/530/2021 on the file of the Tahsildar, Kaghaz Nagar and pass such other order or orders may deem fit and proper in the circumstances of the case.”
2. Heard Sri Bhanu Murthy Bala, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue.
3. Shorn of details, from the averments in the affidavit filed in support of the writ petition and the material placed on record, briefly noted, the facts are as under :
Late Jogesh Bawdi was assigned land to an extent of Ac.1.00 in Survey No.5/130 of Nazrul Nagar village in Kagaznagar Mandal, Komurambheen Asifabad District. This land was claimed to have been purchased by the petitioner by way of an unregistered sale deed; entered into possession and constructed a small dwelling unit. Smt. Lakkirani Bawdi @ Smt. Laxmi Rani Haldar, daughter of late Jogesh Bawdi filed application before the Tahsildar to evict the illegal encroachers from the assigned land and to hand over possession to her. Based on the said application, proceedings were initiated under the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (Act 9 of 1977) and notices were served on the petitioner and the complainant. After affording due opportunity, the Tahsildar, Kaghaznagar, passed orders on 24.11.2015 resuming the land to an extent of Ac.1.00 into the Government custody from the petitioner holding that petitioner was an encroacher of the assigned land. He has issued directions to the Mandal Revenue Inspector and the Village Revenue Officer, Nazrulnagar, to take possession of land to an extent of Ac.1.00 into the Government custody and to submit proposals for assignment of the same to the landless eligible women beneficiary in the village with immediate effect.
4. Aggrieved by this decision, Smt. Laxmi Rani Haldar preferred appeal to the Revenue Divisional Officer, Kaghaznagar, in Case No.E/96/2016. It is to be noted that though the petitioner did not prefer appeal against the decision of the Tahsildar, but he was afforded opportunity of hearing in the appeal preferred by Smt. Laxmi Rani Haldar. On elaborate consideration of the respective submissions and the report of the Tahsildar, the Revenue Divisional Officer held that no material was shown to justify the claim of Smt. Laxmi Rani Haldar succeeding to the land assigned to late Jogesh Bawdi. The Revenue Divisional Officer has also held that the alleged purchase made by the petitioner on an assigned land was ex facie illegal and therefore affirmed the decision of the Tahsildar. The decision of the appellate authority has become final.
5. Based on the said decision, final notice was issued on 06.04.2021 directing the petitioner to vacate the subject land. In this writ petition, petitioner is challenging the said notice. The notice is challenged primarily on the ground that no reasonable opportunity was afforded to the petitioner before issuing such notice and straight away petitioner cannot be thrown out of the land in her occupation without following the due process of law.
6. If the notice is looked into in isolation, at the first blush the contention urged by learned counsel for the petitioner sounds very attractive and requires acceptance. But, by lifting this cloud on plea of denial o
SupremeToday
The purchaser of assigned land cannot claim an accrued or vested right to reassign by validation of the sale as a matter of course.
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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