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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
E.V.VENUGOPAL
Erla Sayanna – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Revenue Department – Respondent
ORDER :
This Writ Petition is being disposed of with the consent of both the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Revenue, appearing for the respondents at the admission stage.
2. This Writ Petition is filed to declare the impugned proceedings dated 30-09-2024 issued by the 3rd respondent-District Collector, Nirmal District, in proceedings No.E2/805/2024, as illegal and arbitrary and consequently direct the respondent Nos.2 to 5 to correct the revenue records in the Dharnai web portal in respect of the petitioner’s land admeasuring Ac.5.00 gts in Sy. No.227/8 of Aloor village, Sarangapur Mandal, Nirmal District by i) Changing the land nature from assigned patta land to patta land; ii) Deleting the POT Case status; iii) Changing transaction status from assigned land to patta land; iv) De-notifying the land from the prohibitory list and v) Updating all revenue records including pahanies, IB, ROR and portal data accordingly.
3. Heard Sri Katika Ravinder Reddy, learned counsel for the petitioner and Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents. Perused the material available on record.
Ex-servicemen assigned land can freely alienate it after ten years under specific government orders, irrespective of prohibitive conditions in assignment deeds.
The District Collector's failure to consider relevant records and reports regarding an ex-serviceman's land assignment rendered the impugned order illegal, necessitating its reversal.
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.
Prohibition for assignment of these lands under the A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 is not attracted to the said land since the alienations were made by the ex-servicemen more....
The main legal point established in the judgment is that authorities must establish that land is assigned with a condition prohibiting alienation before initiating proceedings under the A.P. Assigned....
Issue of direction by respondent No.2 to include the property under Section 22 A (1) (e) of the Registration Act without vesting the land on the Government divesting from alienee on resumption follow....
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
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