IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SARATH, J.
Adusumalli Rajani Kumari and Others – Petitioners
Versus
The Tahsildar, Paloncha and Others – Respondents
Writ Petition No. 2014 of 2010
Decided On : 03-01-2022
Constitution of India ,1950 - Articles 14, 21 and 300-A - Criminal Procedure Code,1973 - Section 145 - Scheduled land - Sale deeds – Possession - Illegal encroachment – Held, revenue officials have taken over the possession of lands, under cover of a panchanma, in order to control law and order situation and to avoid any further law and order problem and acted upon directions of Sub-Divisional Magistrate,vide Proceeding Nos. and same was also informed to petitioners through notices - In view taking over possession of disputed land as per direction of Sub-Divisional Magistrate, law and order problem was brought under control - Court of considered view that, petitioners have purchased various house site plots in Sy. Nos. of Paloncha village and Bhadradri-Kothagudem District (erstwhile Khammam District) - Assignments in Sy. Nos. was made by the Special Social Welfare Officer, in year and there was no condition of prohibition of transfer of land and the same was declared in orders- Writ petition is allowed
ORDER :
1. This Writ petition is filed with the following relief:
2. Heard Sri Kiran Reddy Mallarapu, learned Counsel. Appearing for the petitioners and Learned Assistant Government Pleader for Assignments.
3. The learned Counsel for the petitioners submitted that the petitioners are the owners and possessors of different extents of land, total to an extent of Ac.17.02 Guntas situated in Sy. No. 817/34 to 817/40 of Palvancha Village, having purchased the same through various registered sale deeds and were in possession of the same ever since the date of their purchase till some illegal encroachers in the name of Adivasai Samkeshama Parishdad and Tudum Debba and MRPs and they have tried to grab the scheduled land. Despite of representations made by the petitioners, the respondents have not acted upon for providing protection to them. In view of the same, the petitioners approached this Court and filed W.P. No. 18543 of 2009 and the same was disposed of on 03.09.2009 and directed the revenue and police authorities to act upon the representations of the petitioners.
4. The learned Counsel for the petitioners further submitted that on 23.11.2009, after receiving Contempt Notice, the Municipal, Forest and Police authorities have evicted the encroachers. Thereafter, to the surprise of the petitioners, the respondent No. 1, through impugned Proceeding Nos. F/4607/2008 dated 22.11.2009, have taken over possession of the subject land under cover of panchanama on the ground that the said land is a Government land. Against the said action of the officials of respondent No. 1, the petitioners filed the present Writ Petition contending that the action of the respondent Nos.1 and 2 is illegal, arbitrary to the directions of the High Court in W.P. No. 18543 of 2009 of 2009 and this Court granted interim stay of panchanama dated 23.11.2009 on 15.02.2010.
5. The learned Counsel for the petitioners submitted that the lands in Sy. Nos. 817/34 to 817/40 were allotted to the predecessors-in-title of the petitioners under Laoni Rules, by the then Social Service Officer, Yellandu and the said fact reveals from the entries in the pahanies. There is no restriction on the transfer of lands allotted under Laoni Rules; as such the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 do not applicable to the subject lands. The respondent No. 2 have passed orders to that effect in CMA No. 3 of 1993, CMA No. 4 of 1993 and also CMA No. 10/1995 dated 18.01.2002, in respect of subject lands.
6. The learned Counsel for the petitioner further submitted that respondents have not furnished the copy of proceedings Under Section 145 Cr.P.C. said to have been issued by the respondent No. 2 vide Proc. No. F/4607/2008 dated 22.11.2009 nor they issued any notices to the petitioners and the officials of respondent No. 1 have not followed the procedure laid down under Section 145 Cr.P.C. The documents filed by the official-respondents along with the counter, clearly shows that the respondent No. 1 has not followed the procedure as contemplated under Sub-Section 3 of Section 145 Cr.P.C. and requested to allow the writ petition by setting aside the impugned panchanama.
7. In support of the contentions of the petitioners, the learned C
Chavalli Anilaja and Others vs. Collector, Ranga Reddy District and Others
Sunkara Srujana vs. District Collector, Ranga Reddy District, Hyderabad and Others
V. Subbayamma vs. Joint Collector, Additional District Magistrate, Guntur and Others
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.
The court held that reclassification of lands negates claims of violation of alienation conditions, and allegations of forgery cannot be adjudicated under Article 226.
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