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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
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 was considered by the respondent No.5 vide Proceedings No.B/1237/2002 dated 28.12.2002 and the assignment orders were issued assigning Ac.5.00 guntas land (hereinafter referred to as assigned land) in favour of Sri Govu Shankaraiah in Sy.No.9, Osman Nagar Village, Ramachandrapuram Mandal. Thereafter, the said Shankaraiah was also issued Final Patta Certificate by the res
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....
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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