HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.14237 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking following relief:

“… to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of Respondents.No.2 to 4 in considering petitioners representation dated 07.04.2025 seeking resumption of assigned lands illegally transferred in violation of the Telangana Assigned Lands Prohibition of Transfers Act 1977 in respect of the land in Sy.No.33 paiki of Akenapally Village Bellampally Mandal Mancherial District by respondent nos.5 to 18 as illegal arbitrary unconstitutional and violative of Articles 14 21 and 300A of the Constitution of India contrary to the provisions of the said Act and consequently direct the respondents to take action against the illegal alienations of said assigned lands”

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

3. It is stated that the petitioner’s father-late Ram Rajam, was assigned Government land admeasuring Ac.2-30 guntas in Sy.No.3/9 (3 paiki) situated at Akenapally Village, Bellampally Mandal, Mancherial District, in terms of G.O.Ms.No.1406, Revenue Department, dated 25.07.1958 and his name was mutated in the revenue records and he was also issued pattadar passbook and title deed. It is further stated that after the death of said Raja Rajam in the year 2000, the petitioner, along with his brother, inherited the said land and they have been in continuous possession of the same. It is also stated that the total rakba in Sy.No.3 is Ac.96-20 guntas and the same was classified as “poramboku” in the Khasra Pahani. During the year 1960, after preparation of sub-division records, land were assigned to various landless poor persons, including the petitioner’s father, under G.O.Ms.No.1406 for cultivation of the said lands. It is stated that contrary to the terms and conditions of assignment and the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short “POT Act”), several assignees have illegally sold their assigned lands to realtors and private individuals. It is also stated that the assignees and purchasers have subsequently converted the agricultural land into residential plots, in violation of assignment patta conditions. It is the case of the petitioner that he has submitted representations dated 07.04.2025 to the respondent-authorities requesting to take action against the respondent Nos.5 to 18 as contemplated under the provisions of POT Act, and resume the lands into Government custody but till date, no action has been taken. Hence the writ petition.

4. The learned counsel for the petitioner vehemently contended that the assigned lands granted to the petitioner’s father and other similarly placed individuals under G.O.Ms.No.1406 were meant exclusively for cultivation and the same are not transferable. In violation of the conditions of the assignment, the assignees have alienated the lands in favour of private individuals and realtors, who in turn converted the agricultural lands into residential layouts. It is further submitted that even though the petitioner submitted a representation dated 07.04.2025 requesting to initiate action against the respondent Nos.5 to 18 and resume the assigned lands alienated to third parties to Government custody, till date, no action has been taken on such representation.

5. As per the policy enunciated in G.O.Ms.1406 dated 27.05.1958, the State Government has allotted various extents of lands for landless poor persons. It is settled law that assigned lands are heritable but not alienable, and they are to remain in possession of the assignee for cultivation. If any conditions stipulated in the assignment patta certificate are violated, the State is having power to resume such lands by following due procedure as contemplated in law.

6. In the instant case, since it is stated that the pet