THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This writ petition is filed questioning the action of the respondent No.4 in passing the order in Proc.B/8024/16, dated 30.11.2016 as confirmed by the respondent Nos.3 and 2 in Appeal No.D2/4938/2016, dated 06.05.2017 and Revision Case No.F2/1810/2017, dated 25.11.2017 respectively, directing to resume the assigned agricultural land of the petitioner admeasuring to an extent of Ac.1.00 guntas in Sy.No.671 (671/36) situated at Suryapet Village and Mandal, Suryapet District as arbitrary and illegal and requested to set aside the impugned orders.

2. Heard Sri Pasham Ravindra Reddy, learned counsel for the petitioner and Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment appearing for the respondents and perused the material on record.

3. Learned Counsel for the petitioner submits that the Government has assigned the land admeasuring to an Ac.1-00 in Sy.No.671(671/36) situated at Suryapet Village and Mandal, Suryapet District favour of the petitioner and issued patta certificate vide proceedings No.B4/262/75 dated .07.1975 and since then, he was cultivating the land by raising red gram, Jowar etc. His name was mutated in the revenue records, pattadar passbook and title deed were issued in the year, 1994. While it being so, after a lapse of 41 years of assignment, the respondent No.4-Tahsildar issued notice dated 04.10.2016 stating that the petitioner has kept the subject land fallow in violation of the provisions of Section 4 of Telangana Assigned Land (Prohibition of Transfers) Act, 1977 and the petitioner has submitted his explanation on 20.11.2016 along with the relevant documents. The respondent No.4 without considering his explanation and the said documents has passed the impugned order in Proc.No.B/8024/16 dated 30.11.2016 for resumption of the assigned agricultural land admeasuring to an extent of Ac.1-00 gts in Sy.No.671 (671/36) situated at Suryapet Village and Mandal, Suryapet District from the petitioner on the ground of violation under Section 3 of the Telangana Assigned Land (Prohibition of Transfers) Act, 1977. Questioning the said order, the petitioner filed appeal before the respondent No.3-Revenue Divisional Officer and the same was dismissed vide Appeal No.D2/4938/2016 dated 06.05.2017, against which the petitioner filed revision and the same was also dismissed in Revision Case No.F2/1810/2017 dated 25.11.2017.

4. Learned Counsel for the petitioner further submits that the petitioner cultivated the subject land for the last 19 years, as such the land cannot be resumed on the vague allegation that the land kept fallow. The impugned orders were passed without considering the procedure of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act, 1977), which is a social welfare legislation.

5. Learned Counsel for the petitioner further submits that the pahanies for the years 1997-98 to 2013- 14, to which the respondents are referring, cannot be taken into consideration since the assignment was done in the year 1975, much prior to the said date as such the condition of within three years from the date of assignment of the land cannot be said as violated by the petitioner. The initiation of impugned action is purely with a view to avoid payment of compensation by acquiring the land and requested to allow the writ petition by setting aside the impugned orders.

6. The learned Assistant Government Pleader for Assignment basing on the counter filed by the respondents would submit that the subject land was originally assigned to one Sri Nallamekala Bakkaiah in the year, 1975 under the provisions of G.O.Ms.No.1406 Dt.25.07.1958 subject to the conditions mentioned therein. The Government has identified that the assigned land was not brought into cultivation by the assignee or any of the family members since the date of assignment which is in violation of conditions and as per the entries made in the pahanies of Suryapet Village from 1975 to