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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B. VIJAYSEN REDDY
Ravi Venkata Ramana – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. assignment of land and procedural compliance. (Para 1 , 2) |
| 2. arguments on unreasonable delay in cancellation. (Para 3 , 4) |
| 3. court's observations on procedural irregularities and delay. (Para 5 , 6 , 7 , 8 , 12 , 13 , 14) |
| 4. legal principles regarding reasonable time for actions. (Para 9 , 10) |
| 5. conclusion to set aside the impugned order. (Para 15 , 16) |
ORDER :
1. The impugned proceedings No.E1/1064-2016-1 dated 06.06.2023 was passed by the respondent No.2-District Collector, Sangareddy District, in exercise of his jurisdiction under Section 166 -B of A.P. (Telangana Area) Land Revenue Act, 1317 Fasli, cancelling the assignment of the land admeasuring Ac.5.00 guntas situated in Sy.No.9 of Osman Nagar Village, Ramachandrapuram Mandal, Sangareddy District, granted to the original assignee vide assignment proceedings No.B/1237/2002 dated 28.12.2002 issued by the respondent No.5 – Tahsildar, Ramchandrapuram Mandal, Sanga Reddy District.
2. The facts of the case, as pleaded by the petitioners, in brief, are as under:
(a) Originally one viz. Govu Shankaraiah S/o. Mallaiah, a Freedom Fighter made an application for assignment of land to the respondent No.5. The application
Authorities must exercise cancellation powers within a reasonable time, especially when no fraud is present and ownership has significantly changed over time.
The authority can cancel land assignments based on misrepresentation or fraud without a time limit, as established under Board Standing Orders 15 (18) (1).
The central legal point established in the judgment is that assignment patta granted prior to 1973 cannot be cancelled beyond a period of three years from the date of assignment, and even on the grou....
District Collector lacks jurisdiction to cancel pre-1973 land assignments; authority vests with Commissioner of Land Administration per RSO-15(2)(xi).
The State's power to cancel land assignments must be exercised within a reasonable timeframe, and failure to provide original assignment documentation undermines the validity of such cancellations.
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