THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

Heard Mr. Mohd. Basheer Riyaz, learned Counsel representing Ms. B. Rachana, learned for the petitioners and Mr. Mohd. Habeebuddin, learned Assistant Government Pleader for Assignment appearing for the respondents and perused the material on record.

2. Learned counsel for the petitioners submits that the Government has assigned the lands in favour of the father of the petitioner No.1 and other petitioners, who belongs to SC Community in the year, 1989 and 1992 respectively. After the death of his father, the petitioner No.1 was in possession of the assigned land admeasuring to an extent of Ac.1.20 gts in Sy.No.509/42 and the petitioner Nos.2 to 4 were in possession of the assigned lands admeasuring to an extent of Ac.1-13 gts in Sy.No.509/6, Ac.1-20 gts in Sy.No.509/26 and Ac.1-20 gts in Sy.No.509/42 respectively, situated at Nagireddypet Village and Mandal, Kamareddy District and pattadar passbooks were also issued to them. He submits that the allotment of the said assigned lands is under G.O.Ms.No.1724 dated 26.08.1959 and the petitioners were cultivating the said lands uninterruptedly by paying the revenue tax and excavated two wells in their lands with the financial assistance of District SC & ST Cooperative Society, Nizamabad and later they cleared the loans by way of instalments.

3. Learned Counsel for the petitioners further submits that after a lapse of 24 years of assignment, the respondent No.5 has issued show cause notices vide File Nos.A2/3431/2016 dated 08.08.2016 to the petitioners stating that the petitioners have transferred the said assigned lands in contravention of the provisions of Sub- section (2) of Section 3 of Telangana Assigned (Prohibition of Transfers) Act, 1977 (For short “POT Act, 1977”) and as per Section 4 of the POT Act, 1977, the lands are liable to be resumed to the Government for violation of provisions contained in Section 3 of the said Act. The petitioner Nos.1 and 2 have submitted their explanation on 18.08.2016 and the petitioner Nos.3 and 4 have submitted their explanation on 22.08.2016. The respondents with a intention to construct hostel building, tried to dispossess the petitioners from their lands but the petitioners have refused to hand over the same. He submits that without considering the replies submitted by the petitioners, the respondent No.5 has passed impugned resumption orders vide No.A2/3431/2015 dated 17.02.2017 in respect of the subject lands by invoking powers under Sections 4(1) and 4(1) (a) of POT Act, 1977.

4. Learned counsel for the petitioners further submits that if the respondents want to acquire the lands of the petitioners, the petitioners are entitled for payment of compensation of market value on par with absolute owners as held by the larger Bench of this Court in Land Acquisition Officer-Cum-Revenue Divisional Officer v.

Mekala Pandu, 2004 (2) ALD 451 . The respondents cannot acquire the lands of the petitioners without initiating land acquisition proceedings and without making payment of compensation.

5. Learned counsel for the petitioners relied on the Judgment of a larger Bench of this Court in Land Acquisition Officer-Cum-Revenue Divisional Officer v. Mekala Pandu (Supra-1) and also the Judgments passed by this Court in B.Adinarayana Murthy v. Collector, 1999 (6) ALT 322 (S.B.) and Jinka Chendrayudu v. Joint Collector and submits that the petitioners are entitled for compensation on par with the private lands and requested to allow the writ petition.

6. Learned Assistant Government Pleader for Assignment basing on the counter submits that the Government has identified that the subject lands assigned to the petitioners were not brought into cultivation by the assignees or any of the family members

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since the date of assignment which is in violation of Condition No.3 of the patta certificate i.e., Form-D Certificate and identified that the said lands are suitable for construction of Telangana Tribal Welfar