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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J.
M/s. Margadarsi Chit Fund Limited, Represented by Authorised Signatory and G.P.A. Holder Sri V. Govinda Rao, S/o. Late Manikyan - Petitioner
Versus
The State of Andhra Pradesh, The Department of Revenue, Hyderabad, Rep., by The Principal Secretary and Others - Respondents
WRIT PETITION No.13759 OF 2008
Decided On : 12-07-2024
Land - Writ Petition - A.P. Assigned Land Prohibition of Transfers Act, 1977 - Sections 3, 4 - The court emphasized the mandatory procedural requirements for eviction under the Act, ruling that failure to issue proper notices invalidated the resumption order.
Fact of the Case:
The petitioner claimed ownership of agricultural land purchased from previous owners who had received assignment patta from the government. The authorities initiated eviction proceedings citing violations of the A.P. Assigned Land Prohibition of Transfers Act, 1977.
Finding of the Court:
The court found that the authorities failed to follow mandatory procedures outlined in the Act and Rules, particularly the requirement to issue notices to both the original assignee and the purchaser before eviction.
Issues: Whether the land in question is government land and whether the eviction proceedings were valid under the A.P. Assigned Land Prohibition of Transfers Act, 1977.
Ratio Decidendi: The court held that the failure to issue notices as required by Rule 3 of the A.P. Assigned Lands (Prohibition of Transfers) Rules, 1977 rendered the eviction order invalid.
Result: The writ petition is allowed, and the impugned orders are set aside.
ORDER :
(J. Sreenivas Rao, J.) :
This writ petition is filed for the following relief:
2. Heard Sri B.Nalin Kumar, learned Senior Counsel appearing on behalf of petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4.
3. Learned counsel for the petitioner submits that petitioner is absolute owner and possessor of agricultural land to an extent of Acs.2.00 in Survey No.278/79/A, 278/79/AA, 278/79E situated at Polkampally village, Ibrahimpatnam Mandal, Ranga Reddy District and the same was purchased from B.Sarojamma and B.Rajashekar Reddy and Sri B.Sudhakar Reddy through registered sale deeds vide document No.885/98 and 887/98 dated 20.05.1998 respectively and since then the petitioner has been in possession and enjoyment of the subject property. He further submits that originally the above said property was assigned in favour of Sri B.Pratap Reddy and B.Sudhakar Reddy on 12.08.1968 on payment of market value and since then they have been in possession and enjoyment of the subject property and their names were mutated in the Revenue records, Pattadar Passbooks and title deeds were issued and the above said persons are not land less poor persons and they are having their own lands to an extent of Acs.11.24 guntas in Polkampally village and the same was reflected in Chowphasla for the year 1970-71.
3.1. He further submits that on 11.11.1991 the Mandal Revenue Officer addressed a letter to Sub-Treasury Officer, Ibrahimpatnmam calling for information relating to remittance of market value for assignment of subject land with particulars of challans. On 12.11.1991, the Sub-Treasury Officer confirmed the payment of amount of Rs.600/- by the assignee B.Pratap Reddy. After his death his wife B.Sarojamma and his son B.Rajashekar Reddy got pattadar pass books and title deeds to an extent of Acs.1.00 and Sri B.Sudhakar Reddy got pattadar pass book and title deed in respect of remaining extent of Acs.1.00. On 25.10.1997, the then Mandal Revenue Officer addressed a letter to the Sub-Registrar certifying that the subject land is a patta land and not government land. The petitioner after due verification of the above said records purchased the subject property by paying valuable sale consideration and the petitioner is a bonafide purchaser.
3.2. Learned Senior Counsel further submits that, respondent No.4 issued notice in Form-I on 14.03.2005 exercising the powers conferred under Rule 3 of A.P. Assigned Lands(Prohibition of Transfer) Rules, 1977(Rules for brevity) directing the petitioner to submit explanation as to why he should not be evicted from the subject property within a period of fifteen (15) days on the alleged ground that petitioner contravened the provisions of sub-Section (2) of Section 3 of A.P.Assigned Lands (Prohibition of Transfers) Act, 1977(Act for brevity). Pursuant to the same, the petitioner submitted detailed explanation denying allegations made thereunder inter-alia contending that subject property is not an assigned land, the petitioner’s vendor has purchased the property from Government by paying market value and the then Mandal Revenue Officer also issued certificate stating that subject property is a private patta land and requested respondent No.4 to drop 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.
Point of Law : If land assigned to landless poor persons under Laoni Rules, there must be condition of non-alienation as per settled law, otherwise it cannot be declared as void transaction.
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 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....
Point of law : Registered sale transaction in respect of the subject land on different occasions of petitioner’s predecessors in title established that the subject land was treated as free hold land.
Point of Law : Wherever there is no specific evidence that assignments of lands were made subsequent to the issuance of G.O.Ms., benefit of doubt should be extended in favour of the parties who inten....
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