THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY PETITION No.22381 of 2023

ORDER:

This writ petition is filed seeking to declare the action of the respondents in including the petitioner’s land to an extent of Ac.1.30 guntas in Survey No.120/2/4 situated at Arepalli Village, Karimnagar Mandal and District, in prohibitory properties list in the Dharani Portal, without any notification so as to attract the provision under Section 22-A of the Registration Act, 1908 as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and for other appropriate reliefs.

2. It is stated that originally an extent of Acs.3.00 in Survey No.120 of Arepalli Village, Karimnagar Mandal and District was assigned in favour of the petitioner’s great grandfather vide proceedings No.Dis.B8/9064/57 dated 30.12.1957 and since then he has been in possession and enjoyment of the said land. It is further stated that after his demise, the said property was portioned between his two sons i.e., Khaja Ali and Bashu Miya. It is stated that the land which fell to the share of Khaja Ali, who is the father-in-law of the petitioner, has been given to her husband and his name has also been recorded in the revenue records and pattadar pass books has also been issued in his favour. It is further stated that after the demise of the petitioner’s husband on 26.07.2008, the property to an extent of Ac.2.29 guntas has been recorded in the name of the petitioner and the revenue authorities also issued new pattadar pass books in her favour. The grievance of the petitioner is that due to financial necessities, she intended to give the said land for development and accordingly entered into development agreement with the third parties, but when the developer has approached the municipal authorities seeking permission to develop the land, they refused to entertain the said application on the ground that the property to an extent of Ac.1.30 guntas in Survey No.120/2/4 has been included in the prohibited properties list, which constrained the petitioner to approach respondent Nos.2 to 4 requesting to delete the said property from the prohibited properties list, but they declined to do so, on the ground that it is an assigned land and therefore it is not alienable.

3. Learned counsel for the petitioner vehemently contends that the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 came into force in the year 1977, whereas the subject land was assigned way back in the year 1957 and as such, no such prohibition of transfer/alienation was imposed on the subject land. Learned counsel further contends that when there is no condition prohibiting alienation of the subject land, the petitioner is entitled for treating the said lands as patta land, but the respondents, without taking into consideration the said aspects, have wrongly included the subject property in the prohibited properties list.

4. Mr. D.V. Chalapathi Rao, learned Government Pleader for Revenue appearing for the respondents, has not disputed that the assignment was granted in favour of the great grandfather of the petitioner vide proceedings No.Dis.B8/9064/57 dated 30.12.1957 i.e, prior to the notification issued by the Government vide G.O.Ms.No.1406 dated 25.07.1958. Further, learned Government Pleader submits that the issue raised in this writ petition is no longer res integra, in view of the judgment rendered by the Division Bench of this Court in the case of Letter Sent from Plot No.338, Etc. v. Collector & District Magistrate, 2008(5) ALD 626 (DB); the State has filed Special Leave Petition on the file of the Hon’ble Supreme Court against the judgment rendered by the Division Bench of this Court in the case of Letter Sent from Plot No.338, Etc. (1 supra) and the same is pending; and since there is no interim order granted by the

Hon’ble Supreme Court in the Special Leave Petition, in various cases relating to assignments granted under the Laoni Rules, this Court has followed the principle l