IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B. VIJAYSEN REDDY, J.
K. Malla Reddy and Others - Petitioners
Versus
State of Telangana & Others - Respondents
Writ Petition Nos. 34217 and 36988 of 2021
Decided On : 28-04-2023
Andhra Pradesh Assigned Lands (Prohibition on Transfer) Act, 1977 - Section 3 - Seeking deletion of lands in prohibited list - Release documents of land - Issue Writ of Mandamus to declare proceedings of 3rd respondent in endorsement whereby he rejected individual applications filed by petitioners seeking deletion of their respective lands in prohibited list as arbitrary, illegal and unsustainable and to set side same - Held, Documents which include correspondences between Welfare Board and Revenue authorities and before assignments were made, are undisputed and unimpeachable documents - In opinion of this Court, request of learned Government Pleader to remand matter to the respondent No.3 is not justified - It may be noted original assignees sold the land in and subsequently, land have changed several hands - When there is no dispute about the documents filed along with reply affidavit, relegating parties to respondent No.3 for de novo enquiry would be a futile exercise - Writ petitions allowed.
ORDER :
1. Both these writ petitions are filed seeking the following relief :
2. The facts in WP.No.34217 of 2021 are set out in brief for the sake of convenience and in order to avoid repetition.
2.1. That the lands in Sy.No.191 of Kollur Village and Sy.No.30 of Osman Nagar Village originally belonged to the Government and they were assigned in favour of ex-servicemen. The ex-servicemen were entitled to sell the lands after ten years without any restriction as regards alienation. Accordingly, the original assignees sold the said lands to different persons under registered sale deeds and thereafter, the same were sold in some more sale transactions. The petitioners are now intending to sell/develop their lands. However, the registration of the documents is not being accepted by the respondent No.5 on the ground that the lands are in the prohibited list. The petitioners verified the status of the land in the Dharani Portal and came to know that the lands in Sy.No.191 of Kollur Village and Sy.No.30 of Osman Nagar Village are shown in the prohibited list. The petitioners applied for mutation, the lands were mutated in the names of the petitioners and they were issued e-passbooks. The petitioners have been receiving Rythubandhu benefit form the Government. The e-passbook and the pahanies show the land is patta land.
2.2. It is stated that the very same issue has fallen for consideration before a Division Bench of this Court in WP.No.15041 of 2019 and order dated 07.04.2021 was passed holding that the lands in Sy.No.191 of Kollur Village and Sy.No.30 of Osman Nagar Village cannot be continued in the prohibited list as the alienations were made by the ex-servicemen ten (10) years after the dates of assignment. Accordingly, a direction was issued to the respondents Nos.4 to 6 therein, which include the respondent No.5 herein, to register the conveyance deeds/sale deeds executed in respect of the lands in the above mentioned survey numbers. The Special Leave Petition No.7227 of 2021 filed against the said judgment before the Supreme Court was dismissed by order dated 30.06.2021. Subsequently, a learned Single Judge of this Court allowed WP.No.25333 of 2019 on 16.07.2021 following the order of the Division Bench in WP.No.15041 of 2019 dated 07.04.2021.
2.3. In view of the above, the petitioner, being similarly situated, approached this Court in WP.No.22677 of 2021 seeking to declare the action of the respondents in including the lands of the petitioners in the prohibited list in the Dharani Portal as illegal. The writ petition was disposed of by order dated 21.09.2021 with a direction to the petitioners to submit a representation to the respondent No.3 and direct
Ande Narasimha Rao v. State of Andhra Pradesh
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.
Prohibition for assignment of these lands under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 is not attracted to the said land since the alienations were made by the ex-servicemen more....
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....
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