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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
Korani Ravinder – Appellant
Versus
State of Telangana – Respondent
ORDER :
K. LAKSHMAN, J.
Heard Mr. Prabhakar Peri, learned counsel for the petitioners and learned Advocate General appearing for respondents.
2. This writ petition is filed to declare the action of the respondent No. 3 in proposing to conduct e-auction on 10.08.2023 in respect of land admeasuring Ac.4.19 guntas in Sy.No.288/4 of Budvel Village Rajendra Nagar Mandal, Ranga Reddy District, as part of Plot Nos. 14 and 15 ( for short, the subject property’), without issuance of notice, as illegal; to declare inaction of the respondent Nos.2, 4 to 6 in considering the representations filed by the petitioners for rectification of revenue records as illegal; consequently direct the respondent No.3 not to conduct any auction/e-auction in respect of the land of father of the petitioners on 10.08.2023, not to interfere with the possession and enjoyment of father of the petitioners over his land, to consider the representations submitted by father of the petitioners for rectification of entries in the revenue records and mutating their names in revenue records.
3. CONTENTIONS OF THE PETITIONERS IN BRIEF:-
i. They belong to Scheduled Caste community. Their father is landless poor.
ii. Government has
The court ruled that the failure to follow due process in land resumption and auction violates principles of natural justice, rendering the auction illegal.
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
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.
Section 4(1)(b)(ii), but the Government raised a plea that the petitioners are not entitled to restore the land in view of the amendment of Section 4 by Act No.8 of 2008.
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