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2022 Supreme(Telangana) 251

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Satish Chandra Sharma, B. Vijaysen Reddy, JJ.
The State of Telangana – Petitioner
Versus
S. Srinivasa Rao - Respondent
Writ Appeal Nos.128, 284 and 330 of 2022
Decided On : 07-06-2022

Advocates Appeared:
For the Petitioners:The Advocate General TG
For the Respondents: S. Srinivasa Rao.

The main legal point established in the judgment is that the resumption order under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, attains finality if not challenged, and the affected parties may seek relief through a civil suit.

Headnote:

Assigned Lands - Land Resumption - Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 - Section 3, Section 4(a) - The court discussed the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, and the resumption order issued under the Act. The Act prohibits the transfer of assigned lands and provides for the resumption of such lands in case of violation of assignment conditions. The court found that the resumption order had attained finality and the question of granting relief to the writ petitioners did not arise.

Fact of the Case:

The case involved a dispute over assigned lands in Munuganoor Village, Ranga Reddy District, Andhra Pradesh. The respondents interfered with the peaceful possession of the land purchased by the appellant. The State Government initiated proceedings and issued a resumption order under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, due to the violation of assignment conditions by the landowners.

Finding of the Court:

The court found that the resumption order had attained finality and had not been challenged. It held that the question of granting relief to the writ petitioners did not arise. The court allowed the writ appeals filed by the State, granting the writ petitioners the liberty to file a civil suit for compensation or other relief.

Issues: The main issue was the validity of the resumption order under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, and the rights of the writ petitioners in light of the order.

Ratio Decidendi: The court's decision was based on the fact that the resumption order had not been challenged and had attained finality. It held that the question of granting relief to the writ petitioners did not arise in the absence of challenging the resumption order.

Final Decision: The court allowed the writ appeals filed by the State, granting the writ petitioners the liberty to file a civil suit for compensation or other relief. The miscellaneous applications, if any, were closed with no order as to costs.

JUDGMENT :

Satish Chandra Sharma, J.

1. Regard being had to the controversy involved in the aforesaid cases, they were heard together and are being decided by a common judgment.

2. The facts of W.A.No.128 of 2022 are reproduced as under:

The present writ appeal is arising out of a common order dated 07.09.2021 passed in W.P.No.30687 of 2010 and other connected matters.

3. The facts of the case reveal that the respondent No.1 before this Court in the writ appeal came up with a case stating that he has purchased a land i.e., Plot No.95 in Survey No.44/1 situated at Munuganoor Village, Hayathnagar Mandal, Ranga Reddy District, on 20.12.1984 and the respondents in the writ petition were interfering with his peaceful possession. A specific prayer was made to direct the respondents in the writ petition i.e., Government of Andhra Pradesh, District Collector, Ranga Reddy District, Tahsildar, Hayathnagar Mandal, Sarpanch, Gram Panchayat, Munaganoor Mandal and the Andhra Pradesh Rajiv Swagruha Corporation Limited to pay compensation as per the market price or to restore the land owned by him.

4. Other connected writ petitions were also filed stating that the writ petitioners therein have purchased the land through registered sale deeds and the official respondents are threatening them to dispossess from the plots purchased by them. The learned Single Judge has allowed the writ petitions.

5. Paragraphs 19 and 20 of the common order passed by the learned Single Judge in W.P.No.24799 of 2007 and batch, dated 07.09.2021, read as under:-

    “19. In the result, writ petition nos.24799 & 26497 of 2007 and 24384 of 2008 are allowed directing the respondents not to interfere with their peaceful possession of their respective plots/houses.

20. WP No.30687 of 2010 filed by the petitioner-party-in- person is also allowed directing restoration of the subject plot No.95 and in case the respondents are unable to identify the said plot, it is ordered that the 2nd respondent to allot the petitioner a plot of the same extent if vacant land is available in Sy.No.44/1 or alternatively for allotment of a plot of the same extent elsewhere in a suitable location or pay him compensation for the extent of plot i.e. 208 sq. yards in Sy.No.44/1 by applying the parameters as laid down in Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The above direction be given effect to within a period of two months from the date of receipt of a copy of this order. The petitioner (party-in-person) WP No.30687 of 2010 was made to fight out litigations for the last more than a decade before various forums including Hon’ble Supreme Court, which caused him financial loss besides mental agony, therefore the petitioner (party-in-person) is awarded costs quantified at Rs.1,00,000/-(One Lac). The nd respondent-District Collector, Ranga Reddy District is directed to pay the same to the petitioner-party-in-person in WP No.30687 of 2010 within two months from the date of receipt of a copy of this order. Miscellaneous petitions, if any, pending in these matters are also stand disposed of. There shall no order as to costs in other writ petitions.”

6. The facts as revealed from the record make it very clear that the lands in question were assigned lands and the persons to whom the lands were assigned sold the same by dividing them into smaller plots. One such plot was sold to the respondent No.1 in the present writ appeal. The State Government, in exercise of powers conferred under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977, initiated proceedings and with due notice to the land owners, passed resumption order on 29.01.2007.

7. The resumption order dated 29.01.2007, which is part of the paper book of W.A.No.330 of 2022 is reproduced as under:-

    “PROCEEDINGS OF THE DEPUTY COLLECTOR AND MANDAL REVENUE OFFICER, HAYATHNAGAR, RANGA REDDY DISTRICT

Present : T.K. Rama Mani

Progs.No.C/447/2002, Dated : 29.01.2007

Su

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