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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Kolan Rukka Reddy – Appellant
Versus
State of Telangana, Revenue Department, reptd. by its Principal Secretary, Hyderabad – Respondent
ORDER :
LAXMI NARAYANA ALISHETTY, J.
Writ Petition No.10920 of 2020 is filed to issue a writ of Mandamus declaring Form-I notice bearing No.B/361/2019, dated 10.07.2020, issued by respondent No.4, at the instance of respondent Nos.1 to 3, as illegal and arbitrary.
2. Writ Petition No.11110 of 2020 is filed to issue a writ of Mandamus declaring Form-II notice bearing No.B/361/2019, dated 10.07.2020, issued by respondent No.4, at the instance of respondent Nos.1 to 3, as illegal and arbitrary.
3. Writ Petition No.11897 of 2020 is filed to issue a writ of Mandamus declaring the order, vide proceedings No.B/77/2020, dated 09.07.2020, passed by respondent No.3, confirming the order, vide proceedings No.B/3854/2015, dated 07.01.2016, passed by the then Deputy Collector & Tahsildar, Quthbullapur Mandal (presently Bachupally Mandal), Medchal District, as illegal, null and void and consequently, to the set aside the same.
4. Since the parties, subject matter and the issues involved in all the three Writ Petitions is one and the same, they are heard together and are being disposed of by common order.
5. For convenience, Writ Petition No.11897 of 2020 is taken up as a lead case and the facts stated
Authorities must prove land was assigned with non-alienation conditions to initiate resumption proceedings; failure to establish this invalidates the actions taken.
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.
Both transferor and transferee must receive proper notices in resumption proceedings to uphold natural justice and procedural fairness.
The court established that both transferor and transferee must receive proper notices in resumption proceedings under the Act, ensuring compliance with natural justice.
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.
The court held that eviction of assignees from assigned land without proper inquiry and notice violates principles of natural justice under the Andhra Pradesh Assigned Lands (POT) Act, 1977.
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....
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