THE HON’BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION Nos.45380, 39539, 43692, 43743, 43894, 45388,45395 and 45433 OF 2016 AND 5419 OF 2017

COMMON ORDER:

The impugned order in all these batch of writ petitions and the issue that arise for consideration is one and the same and as such, all matters are taken up, heard together and are being disposed of by this common order. It would be suffice if the facts of the case in W.P.No.45380 of 2016 are referred to for disposal of these batch of writ petitions as the facts are almost identical in all the cases.

2. It is the case of the petitioners that one Sri Rajaiah was assigned an extent of Acs.2.00 of land situated in Survey No.191 of Kollur Village, Ramchandrapuram Mandal, Sangareddy District on 10.02.1997, under Freedom Fighters Quota and after his demise, his wife Smt.M.Sangamma-respondent No.5 herein succeeded to the same, and she also died and the grandsons of said Late Rajaiah i.e., respondent Nos.6 and 7 herein alienated Ac.1.00 of land out of the said Acs.2.00 in favour of one Smt. M.Pallavi W/o.Komuraian by a registered sale deed bearing document No.11526 of 2005 and in turn, the said Smt. M.Pallavi sold the said property in favour of one Sri K.Srinivas Goud under a registered sale deed vide document bearing No.12425 of 2005 and in, turn petitioner No.1 herein purchased Ac.1.00 under a registered sale deed bearing Doc.No.12024 of

2013, dated 01.05.2013.

3. The petitioners herein claim to be in possession and enjoyment of the subject property since the date of purchase i.e., in the year 2013. On an earlier occasion, respondent No.2 herein initiated proceedings under Section 166B of the Andhra Pradesh Telangana Area (Land Revenue) Act, 1317 Fasli (for short, “the Act, 1317 Fasli”) against respondent No.5 herein proposing to cancel the assignment of land made in favour of her husband and a show-cause notice was issued proposing to cancel the assignment. Respondent No.5 herein submitted her explanation and on considering the said explanation, respondent No.2 herein issued proceedings No. F3/7194/97- 1/F3/5/Irre.Assig/04, dated 10.09.2004 and dropped the said proceedings holding that the allegations levelled against the husband of respondent No.5 are not true beyond doubt and also held that it may not be just and reasonable to cancel the assignment made in favour of husband of respondent No.5. The said order dated 10.09.2004 has become final. It is only thereafter respondent No.5 herein sold the subject property in favour of third parties which finally succeeded by petitioner No.1 herein.

4. While things stood thus, respondent No.2, once again initiated suo-motu proceedings under Section 166B of the Act, 1317 Fasli by issuing a show-cause notice bearing No.E1/1068/2016-5, dated 26.03.2016 on the ground that the assignment that was made in favour of the husband of respondent No.5 is by fraudulent means and that the real estate businessmen to grab the land by legal means got the land assigned in favour of the political sufferers and freedom fighters without their knowledge besides making several other allegations.

5. In response to the said show-cause notice dated 26.03.2016, the petitioners herein who are the persons interested in the subject property submitted their explanation dated 25.04.2016 and additional reply dated July, 2016 by raising objections on the ground of jurisdiction to review the order passed under Section 166B of the Act, 1317 Fasli besides raising several other objections. Thereafter, respondent No.2 issued the impugned proceedings dated 10.10.2016 cancelling the assignment patta that was issued by respondent No.4- Tahsildar on 10.02.1997 to an extent of Acs.2.00 in favour of Late Rajaiah, and also cancelling the No objection certificate issued by respondent No.3 in file No.C1/313/11, dated 02.02.2011. Through the impugned order it is also declared that the sale transactions made in respect of the subject property pursuant to the final patta certificate ar