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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K.SARATH
K. Surender Reddy – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Secretariat, Hyderabad – Respondent
ORDER :
K.SARATH, J.
Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record.
2. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land to an extent of Ac.3-00 guntas in Sy.No.955/2, situated at Rudraram Village, Patancheru Mandal, Medak District, which was purchased through Registered Sale Deed bearing document No.8325 of 2011 dated 04.08.2011, from M/s.Orion Gems & Diamonds Pvt. Ltd., and one Mr.P.Dhanraj Kothari. After purchasing the same, the name of the petitioner got mutated in the revenue records vide proceedings No.B/8778/2011, dated 29.10.2011 and pattadar pass book as well as title deeds were also issued in the name of the petitioner. Originally, the State Government assigned the land in favour of Mrs.Mahaboob Bee, who is the mother of late Sepoy Md.Khaja (Slain Ex- Serviceman, who was killed during Pakistan War) under G.O.Ms.No.743, Revenue Department, dated 30.04.1963, to an extent of Ac.5-00 guntas in Sy.No.955 of Rudraram Village vide proceedings No.A5/374/72 dated 14.08.1972. Thereafter, the Assis
Ex-servicemen assigned land can freely alienate it after ten years under specific government orders, irrespective of prohibitive conditions in assignment deeds.
Assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale.
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....
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 absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
A registered Will executed by a land assignee under the Telangana Assigned Lands Act cannot be valid against family members, reinforcing that assigned lands are inheritable but not transferable to st....
The absence of documented assignment proceedings prevents the classification of lands as Government property, allowing petitioners to transfer their inherited rights.
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.
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