The absence of documented assignment proceedings prevents the classification of lands as Government property, allowing petitioners to transfer their inherited rights.

ORDER:

K.SARATH, J.

This writ petition is filed questioning the proceedings No.E3/2966/2019 dated 17.05.2021 of the respondent No.2 in treating the lands of the petitioners admeasuring to an extent of Ac.13-34 gts in Sy.Nos.163 and 179/1 to 179/6 situated at Kothapalli Village, Thimmapur Mandal, Karimnagar District as Government lands and denying to issue NOC to them for the said lands as illegal and arbitrary and consequently to set aside the said proceedings by directing the respondents to issue No objection Certificate to the petitioners.

2. Heard Sri Jalli Kanakaiah, learned Senior Counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Pleader for Revenue for the respondents.

3. Learned Senior Counsel for the petitioners submits that in the writ petition, they have mentioned with regard to the land situated in Sy.No.163 also. But the impugned order was passed by the respondent No.2 with regard to the lands in Sy.Nos.179/1 to 179/6 situated at Kothapalli Village, Thimmapur Mandal, Karimnagar District and not for the land situated in Sy.No.163 and the petitioners are not claiming with regard to the land in Sy.No.163 situated at Kothapalli Village in the instant writ petition and inadvertently they have included the Sy.No.163 in the writ petition and the same is not the subject matter of this writ petition.

4. Learned Senior Counsel for the petitioners submits that the petitioners have inherited the subject lands from their ancestors and pattadar passbooks and e-passbooks were issued to them and they were also getting financial assistance from the Government under the scheme of ‘Rythu Bandhu’. While it being so, the respondents have included the subject lands in the prohibitory list and the same was furnished to the respondent No.5 for showing the subject lands under Section 22 -A of the Registration Act, 1908 as a result the petitioners have deprived of their right of sale of their properties. Questioning the action of the respondents in not issuing No objection Certificate for registration of the subject lands in favour of the third parties, the petitioners have filed W.P.No.23756 of 2019 and the same was disposed of on 05.11.2019 directing the respondent No.2-District Collector to examine the claim of the petitioners as ventilated in their representation dated 15.12.2018 and take appropriate decision as warranted by law by assigning due reasons. Thereafter, the respondent No.2 has conducted enquiry and issued the impugned proceedings rejecting the claim of the petitioners holding that the petitioners have failed to produce any evidence to show that the subject lands were assigned to their ancestors prior to 25.07.1958 i.e, the date of issuance of assignment guidelines as per G.O.Ms.No.1406 dated 25.07.1958.

5. Learned Senior Counsel for the petitioners further submits that as per the Sethwar, land admeasuring to an extent of Ac.8-31 gts in Sy.No.179/1 is shown as Kharij Khata, land admeasuring to an extent of Ac.5-00 gts in Sy.No.179/2 is private land in the name of Asoda Bondaiah S/o.Rajaiah and the land admeasuring to an extent of Ac.0-03 gts in Sy.No.179/3 and these survey numbers are shown as ‘Shivayi Jamabandi’ exempted from collecting the revenue tax as the land is being treated as Sarkari. He further submits that as per the pahani furnished by the respondents under RTI Act for the year 1955-56, the entire land admeasuring to an extent of Ac.13-34 gts in Sy.No.179 was in the names of Asoda Bondaiah, Rajaiah etc.,