HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.32273 of 2023

ORDER

This writ petition is filed seeking to declare the orders passed in Revision No.D4/1305/2018, dated 25.06.2019 by the Joint Collector, Mancherial and its consequential proceeding bearing No.B/1783/2015, dated 24.08.2017 passed by the Revenue Divisional Officer, Mancherial and the orders passed in proceedings No.B/503/2017, dated 06.10.2012 by the Tahsildar, Naspur, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for respective parties and perused the record.

3. It is stated that one Ramzan Bin Salam was assigned land to an extent of Ac.6.20 gts., forming part of Sy.Nos.22/1 and 22/1/1, situated at Naspur Village and Mandal, Mancherial District and after his death, Pouthi was sanctioned vide proceedings No.ROR/6A/Naspur/ 213/2013, dated 08.09.2013. In the year 2012, the vendors of the petitioners, i.e., legal heirs of late Ramzan Bin Salam, obtained No Objection Certificate, dated 05.09.2012 bearing RC.No.B/3243/2012 and B/3244/2012 from the-then Revenue Divisional Officer, Mancherial and sold the property in favour of the petitioners. Thereafter, the names of the petitioners was mutated vide proceedings Rc.No.ROR/6A/Naspur/01/2016, dated 18.07.2016 and they are in possession and enjoyment of the subject lands. It is further stated that the Revenue Divisional Officer vide proceedings bearing No.B/1783/2015, dated 24.08.2017, has set aside the mutation proceedings issued in favour of the petitioners vide Rc.No.ROR/6A/Naspur/01/2016, dated 18.07.2016 stating that the petitioners have violated the assignment patta conditions as per the policy enunciated in G.O.Ms.No.1406, dated 25.07.1958. Aggrieved by the said orders, the petitioners have filed an appeal before Joint Collector, Mancherial under Section 4 A(2) of TS Assigned Lands (Prohibition of Transfers) Act, 1977 and the appellate authority dismissed the Revision Case vide No.D4/1305/ 2018, dated 25.06.2019 confirming the orders of the Tahsildar, Naspur, vide Proc.No.B/503/2017, dated 06.10.2017 and directed to resume the subject land to the Government custody.

4. Mr. Ajay Kumar, learned counsel appearing for the petitioners has contended that the predecessors-in-interest of the vendors’ of the petitioners’ were assigned the unoccupied assigned lands under Section 54 of the Telangana Land Revenue Act, 1317 fasli (for short, ‘the Act, 1317’) and Laoni Rules made thereunder. It is further contended that patta certificate issued under the provisions of Laoni Rules are much prior to the policy being enunciated by the Government in G.O.Ms.No.1406, dated 25.07.1958 and the conditions incorporated in the said policy do not apply for the assignments made under the Laoni Rules. It is further stated that the respondent authorities without taking into consideration the difference between the assignment being granted under the Act, 1317 and the Laoni Rules made thereunder and the assignments being granted by the State Government in terms of G.O.Ms.No.1406, dated 25.07.1958, have erroneously cancelled the pattadar passbooks of the petitioners and directed for resumption of lands to the Government custody.

5. The learned counsel for the petitioners has placed Patta Certificate issued by the office of the Tahsildar, Luxettipet, under the Special Lavoni Rules framed under the provisions of the Act, 1317 dated --.06.1955 vide proceedings No.2/302/64. A perusal of the said certificate would reveal that the assignment was granted in favour of the predecessors-in- interest of the vendors of the petitioners’ under the provisions of Lavoni Rules, wherein there is no condition of non-alienation of the lands.

6. Mr. S. Somaiah Ezra, learned Government Pleader for Assignment appearing for the respondents has submitted that challenging the judgment rendered by the Division Bench of this Court in Letter Sent from Plot No.338, Etc. v. Collector & District Magistrate, [2008