2024 Supreme(Online)(Tel) 34325
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J
M/s. Margadarsi Chit Fund Limited a company incorporated – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP/13759/2008
HIGH COURT FOR THE STATE OF TELANGANA WRIT PETITION No.13759 OF 2008 M/s. Margadarsi Chit Fund Limited, Registered office at 5-10-195, Fatehmaidan Road, Hyderabad – 500 004, Represented by Authorised Signatory and G.P.A.Holder Sri V.Govinda Rao S/o Late Manikyan, aged about 76 years, R/o 17/a, Sai Master Apartment, Flat No.9, Vengalraonagar, Hyderabad - 38 ….Petitioner VERSUS The State of Andhra Pradesh, The Department of Revenue, Secretariat, Saifabad, Hyderabad, Rep., by The Principal Secretary and three others.
… Respondents DATE OF JUDGMENT PRONOUNCED: .07.2024 THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO 1. Whether Reporters of Local Yes/No newspapers may be allowed to see the Judgments?
2. Whether the copies of judgment may Yes/No be marked to Law Reporters/Journals?
3. Whether Their Ladyship/Lordship wish Yes/No to see the fair copy of the Judgment?
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J. SREENIVAS RAO, J THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO + WRIT PETITION No.13759 OF 2008 % Dated: .07.2024 # M/s. Margadarsi Chit Fund Limited, Registered office at 5-10-195, Fatehmaidan Road, Hyderabad – 500 004, Represented by Authorised Signatory and G.P.A.Holder Sri V.Govinda Rao S/o Late Manikyan, aged about 76 years, R/o 17/a, Sai Master Apartment, Flat No.9, Vengalraonagar, Hyderabad - 38 . ….Petitioner VERSUS $ The State of Andhra Pradesh, The Department of Revenue, Secretariat, Saifabad, Hyderabad, Rep., by The Principal Secretary and three others.
… Respondents ! Counsel for Petitioner : B.Nalin Kumar ^ Counsel for Respondents : G.P. for Revenue < GIST:
> HEAD NOTE:
? CITATIONS:
1. 2024 (2) ALD 330 (TS)
HON’BLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No.13759 of 2008
ORDER
This writ petition is filed for the following relief: “to issue a writ of certiorari or other appropriate order or direction in the nature of a Writ calling for the records resulting in the order dated 17.05.2008 in proceedings No.E4/2206/2007, passed by the Joint Collector-I, Ranga Reddy District and quash the same as arbitrary, illegal, void and contrary to the provisions of A.P. Assigned Land Prohibition of Transfers Act,1977 and violative of Article 14 and 300-A of the constitution of India, principles of natural justice and consequently restrain the respondents from interfering with the possession of the petitioner over the land Admeasuring 2 acres in Sy.No.278/79/A, 278/79/AA and 278/79E situated at Polakampally Village, Ibrahimpatnam Mandal, Ranga Reddy District”.
2. Heard Sri B.Nalin Kumar, learned Senior Counsel appearing on behalf of petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 4.
3. Learned counsel for the petitioner submits that petitioner is absolute owner and possessor of agricultural land to an extent of Acs.2.00 in Survey No.278/79/A, 278/79/AA, 278/79E situated at Polkampally village, Ibrahimpatnam Mandal, Ranga Reddy District and the same was purchased from B.Sarojamma and B.Rajashekar Reddy and Sri B.Sudhakar Reddy through registered sale deeds vide document No.885/98 and 887/98 dated 20.05.1998 respectively and since then the petitioner has been in possession and enjoyment of the subject property. He further submits that originally the above said property was assigned in favour of Sri B.Pratap Reddy and B.Sudhakar Reddy on 12.08.1968 on payment of market value and since then they have been in possession and enjoyment of the subject property and their names were mutated in the Revenue records, Pattadar Passbooks and title deeds were issued and the above said persons are not land less poor persons and they are having their own lands to an extent of Acs.11.24 guntas in Polkampally village and the same was reflected in Chowphasla for the year 1970-71.
3.1. He further submits that on 11.11.1991 the Mandal Revenue Officer addressed a letter to Sub-Treasury Officer, Ibrahimpatnmam calling for information relating to remittance of market value for assignment of subject land with particulars of challans. On