THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.38547 of 2022

ORDER:

This writ petition has been filed seeking to quash the order passed by respondent No.2 vide proceedings No.D1/167/RDO/VKB/SPL, TBL/2021, C/1221/2017, C/2919/2016(VKB) dated 16.05.2022 (received by the petitioner on 19.09.2022) and for other appropriate reliefs.

The petitioner claims to be the absolute owner and possessor of land admeasuring Acs.10.00 situated in Survey No.124/2 of Mirzapur Village, Pudur Mandal, Vikarabad District, having purchased the same by way of registered sale deed bearing document No.4509/2006 dated 28.08.2006. It is stated that the name of the petitioner has been incorporated in the revenue records and pattadar pass book has also been issued in his favour in respect of the said property. It is further stated that on an application being submitted by the petitioner seeking conversion of land from agricultural to non-agricultural purpose by depositing the requisite fee, the Sub-Collector, Vikarabad Division has issued proceedings vide No.J/1063/29007 dated 10.03.2008 according conversion permission in respect of the said land. The grievance of the petitioner is that nearly after 15 years from the date of purchase, on an appeal being filed by respondent No.5, under Section 5(5) of the Record of Rights in Land and Pattadar Pass Books Act, 1971 (for short “the ROR Act, 1971”), aggrieved by the orders passed by the Mandal Revenue Officer, Pudur, vide proceedings No.B/755/2006 in respect of subject land, the Special Tribunal i.e, respondent No.2 herein, without taking into consideration the objection raised by the petitioner as to limitation and without considering the matter from proper perspective, has passed the impugned order dated 16.05.2022 by observing that although the subject land is assigned land, the assignees have made certain sale transactions, which amounts to violation of Sub-sections (1), (2) and (3) of Section 3 of A.P.Assgined Lands (POT) Act, 1977 and as such the assignment conditions are violated and overlooked; and unless the original assignment certificate is cancelled, no further assignment shall be made; and it was directed that the land in question shall be taken into Government custody.

Mr. Mayur Reddy, learned Senior Counsel appearing for the petitioner, vehemently contended that the procedure contemplated under the provisions of the Record of Rights in Land and Pattadar Pass Books Act, 1971 and the A.P.Assgined Lands (POT) Act, 1977 is different and distinct; the Special Tribunal, while entertaining an appeal under Section 5(5) of the ROR Act, 1971, is not conferred with the power to make any observation which is having far reaching consequences on the rights and interest of the parties; and as such the impugned order passed by the Special Tribunal by observing that the subject land is assigned land, which would adversely effect the petitioner’s proprietary rights, is impermissible in law.

Mr. D.V.Chalapathi Rao, learned Government Pleader for Assignment, vehemently contended that the Special Tribunal, on a careful examination of the record, has rightly passed the impugned order by observing that the subject land is assigned land and sale transaction took place in contravention of the provisions of the A.P.Assigned Lands (POT) Act, 1977; the petitioner has not produced any documentary evidence to show that the original assignee has obtained NOC from the competent authority before execution of sale transaction in his favour; as the petitioner purchased Government assigned land without any NOC issued in favour of the assignee, it is clear that the sale transaction violates the assignment conditions; and as such the impugned order passed by the Special Tribunal does not warrant any interference by this Court.

Upon perusal of the record and having regard to the submissions made, this Court is of the considered view that the Special Tribunal, while exercising jurisdiction under the ROR Act, 1971, has made cert