High Court · 2021

10.Smt. D.Vijaya, W/o. Dhargaraju, D/o. Late Antharam Laxmaiah, Age 30 years, Occ. Housewife, Fl/o. H. No. B-3-530/A/D/3, Venkatagiri, Yousufguda, Hyderabad - 500045 '1 1.Kukunuru Deepak Reddy, S/o. Kukunuru Raghuram Reddy, Aged 36 years, Occ. Business, Fl/o. Flat No. 301 , 5-3791678,679, Sai Lakshmi Residency, Prashanth Nagar Colony, Hayathnagar, Ranga Reddy District. -..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the sale and conversion of Laoni Patta land executed by Respondent No. 7 bearing Sale Deed Nos. 1282121 and 1283121 dated 22nd January 2021 in favour of Respondent No. 1'1 as illegal arbitrary, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1908 and in violation of Article 1 4 of Constitution of lndia, as it was executed without the consent of the Writ Petitioner and other legal heirs, and in violation of the applicable legal framework and direct Respondent Authorities to restore the Subject Property's original status as Laoni Patta and take necessary action to reinstate the rights of the legal heirs. i.e the Writ Petitioner lA NO: 1 OF 2025 Petition under Section ',l51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Authorities to release the Subject land pursuant to the Sale deed in favour of the Petitioner herein as she is a Senior Citizen and has no residence to stay, during the pr:ndency of the above Writ Petition Counsel for the Petitioners: SRl. CH RAVINDAR Counsel forthe Respondent Nos.1 to 6: GP FOR REVENUE Counsel for the Respondent Nos.7 to 1 1 : -- The Court made the following: ORDER *7 HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETI TION No. 3922 of 2025 ORDER: . It is stated that one Antharam Laxmaiah, who is the husband of peti[ioner No. i and father of petitioner Nos.2 to 4 and respondent Nos.7 and 10, was assigned the land to an extent of Acs.0.335 guntas in Sy.No.176/23 situated at Aziznagar Village, Moinabad Mandal, Ranga Reddy District ancl his name u,as shown as assignee in all the revenue records and the nature ol-land has been classiheci as Laoni patta. It is further stated that the said land was converted from agriculturai use to non agricultural purpose. The grievance of the petitioners is that suppressing the fact that the subject land is assigned land/ Laoni patta, respondent No.7 and others have disposed of the said property in favour of respondent No. 11 through registered sale deeds bearing document Nos. 1281 and 1283 of 2O2l,dated22.Ot.2O2t.

2. Considered the submissions of the learned counsel for the respective parties and with their consent, this writ petition is being disposed of at the admission stage.

3. Prima facie, on verification of the records, the nature of the land has been classified as assigned land and Laoni patta has also been granted under the provisions of the Telangana Lancl Revenue i I .i ' li'l 2 L-VBR, J Wp 1922 2025 Act, 13 I 7 F asli for the purpose of agriculture only. Il any of the terms and conditions of the assignment patta has been violated, thc State Government is having power to resume the land by lollowing thc procedure under the provisions of the Telangana Assiqned Lands (Prohibition of Transfers) Act, 1977 (for short "the AcL, 1977").

4. As per Section 5 of the Act, 7977 the assigned lands are prohibited for transfer,/ registration. Sub-Section 1 oi Section 5 ol thc Act, 1977 states as follows:- " The District Collector or any other Ofhcer, not belcw the rank of a Mandal Revenue Officer authorized by him in this behalf, shall within 45 (forty five )days from the date o[ commencement of the Andhra Pradesh Assigne<l Lands (Prohibition of Transfers) (Amendment) Act, 2O 16 [2OO7j furnish to the Registering Officer having j urisdiction over the area a list of lands assigned to the landless poor persons rvith all particulars of assignment and further furnish such particuiars of ne..v assignment forthwith."

5. Section 7 of the Act, 1977 contemplates the penality for illegal translers of the assigned lands. Section 7 (2Al of the Act, 1977 states that if any officer, viclating thc provisions under subsections (i ) and (2) of Section 5 shall be punished rvith simple 3 CVBR, J wp 3922 2025 imprisonment which may extend to six months or with fine which may extend to ten thousand rupees or with both.

6. A careful reading of the above provisions would reveal that the Sub-Registrar is not competent to entertain any sale transactions for the properties which have been notilied as assigned lands. The grievance ol the petitioners is that respondent No.7 and others, in collusion with the Sub-Registrar and with the active connivance of the revenue authorities, have not only virclated the terms and conditions of the assignment patta but have transferred the property in favour of respondent No.11 by converting the same from agricultural use to non-agricultural purpose. Therefore, pima facie, this Court is of the opinion that the innocent purchasers, without knowing the fact that the land !\.as assigned lands, seems to have purchased the various exLents of the iand with their hard earnings. Initiation of any action in terms of the provisions of the Act, 1977 for resumption of the land to the Government custody, definitely would cause injustice ancl prejudice to the bona{ide purchasers. The gullible persons with an intention to defraud the bonafide purchasers with the active connivance with the revenue officials and Sub-Registrars, converted the assigned lands and ciisposed in lavour of third I l t l C]\/BR. J \\.'p_3922 2025 x parties, who are not in a position to enjoy the absolute rights even though thev are having sale deeds in their favour.

7. In view of the above, this Court deems it appropriate to dispose of' this writ petition, permitting the petitioners to make a representation to respondent No.2 and if such a representation being submitted by the petitioners, respondent No.2 is directed to conduct enquiry over the subject land and if the subject land is assigned iand, initiate appropriate action in terms of the Act, lg77 and also register the criminal cases against the persons as per the I l provisions of the Act, 1977 for entertaining the registration by the Sub-Registrar, within a period of three (O3) months from the date of receipt of such application.

8. With r.hc above observations, this Writ petition is disposed of. No costs

9. As a scquel, thc miscellaneous petitions pending, if any, shall starld closed. //TRUE COPY// SD/-P. PADMANABHA RE DY ASSISTANT REGIS R \ SECTIO FFICER Hyderabad.

1. The Princip,al Secretary, Revenue Department, Secretariat building, 2. The District Collector, Ranga Reddy District 3. The Joint Ccllector, Moinabad Mandal, Ranga Reddy District. 4. The Sub-Coll ector and Sub - Divisional Magistrate, Moinabad Mandal, Ranga 5. The 6. The Sub- Registrar, Chevella Mandal, Ranga Reddy District 7. One CC to SRl. CH RAVTNDAR Advo cate [OPUC l 8. Two CCs to Gp 9. Two CD Copies FOR REVENUE,Hi gh Court for the State of Telangana Nrloinabad [V1andal, Moinabad Mandal, Ran ga Reddy District. Red dy District Tahsildar, touTJ To, KKS BS HIGH COURT DATED:12,t0212025 ORDER WP.No.3922 of 2025 1i1i; ""'",, \ { 21 ttB 2m ,1 P Z i) .' i) i spt l c\l gC * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ >4)