The High Court · 2025

Petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, order or direction, preferably in the nature of a Writ of Certiorari calling for the proceedings in Dl /1 67/RDONKB/SPL.TBL/2021,C/ 1221 12017,C1291912016(VKB) dated'1 6-05- 2022 (received by the petitioner on '19-09-2022) from the file of the Respondent No.2 and upon perusal of the same be pleased to quash the said pioceedings and'consequentially dismiss the appeal filed by the Respondent No.5 filed before the Respondent No.3 challenging the orders passed by the Respondent No.4 passed in Proc. No. B/755/2006 and confirm the proceedings issued by the I -i '..:,,l.;" "- Respondent No.4 recognizing the right, possession Petitioner in respect of land to an extent of Acers 10 situz situated at [Vlirzapur Village, Pudur l\rlandal, Vikarabad t justice. nd entitlernent of the r.d in Survey No. 12412 rrtrict. in the interest of lA NO: 1 OF 2022 Petition under Section 15'1 CPC praying that in the - rcumstances stated in the affidavit filed in support of the petition, the High C, t. rt may be pleased to suspend the effect and operation of the Order passed L I the Respondent No.2 passed in D1/167/RDONKB/ SPL.TBLi2021,Cl1221l t-17,C1291912016(VKB) dated 16-05-2022, pending disposal of the main Writ P ,: tion in the interest of Justice. Counsel for the Petitioner : SRI MAYUR REDDY, rep., Sli I SAINI ARAVIND Counsel for Respondents: SRI D.V.CHALAPATHI RAO, (iF' FOR ASSIGNMENT The Court made the following: ORDER ::'ffi] ( THE HON'BLE SRI JUSTICE C.V.BHA SKAR REDDY WRIT PETITI ONN 0.38547 of2022 ORDER: This writ petition has been hled seeking to quash the ol'der passed by respondent No.2 vide proceedings No.D1l167lRDO/vtG/SpL, TBLl2o2t, C/t221/2017, C/2919/2O16(VI(ts) dared 16.O5.2022 (rcceivcd by the pctitioner on 19.O9.2022) ar-rd for other appropriate reliefs. The pctitioncr claims to be thc absolute owner and possessor of land admeasuring Acs. 10.0O situated in Survey No.l24 /2 of Mirzapur Village, pudur Manclal, Vikarabad District, having purchased thc same by way of register.ed sale deed bearing documenr No.4.509/2O06 datcd 28.08.2006. It is stated that the name of the petitioner has been incorporated in the revenue records and pattadar pass book has also been issued in his favour in respect of the said property. It is furthcr statcd that on an application br;ing submitted by the petitioner seeking conversion of land from agricultural to non_agricultural purpose by depositing the requisite fee, the Sub-Collector, Vikarabad Division has issued proceedings vide No.Jl1063/29OO7 dared 10.03.2Oo8 according conversion permission in respect of the said land The grievance of the petitioner is that nearly after. 15 years from the date of I 1 I I 2 purchase, on im appeal being hled by responde: t. No 5, under Section 5(5) of the Record of Rights in Land and l:attadar Pass Books Act, 1971 (for short "the ROR Act, 1971" aggrieved by the orders passed by the Mandal Revenue Officr Puclur, vide proceedings No.B/755/2006 in respcct of sut ccI lzr.nd, the Special Triburtal i.e, respondent No.2 herein, with ltt taking into consideration the objection raised by the pe i ioncr as to limitation and without considering the matte I'rom proper pcrspective, trits passed the impugned order dal 'd 16.O5.2022 by observing that although the subject land is r:isigned land, the assignees have made certain sale trans: .: iorls, whicll amounts to violation of Sub-sections (t), (2) and :; of Section 3 of A.P.Assgint:d Lands (POT) Act, 1977 aod irs such the assignment conditions are violated and overlook I;arld unless the originat zrssignment certihcate is cancellt I no further assignment shall be made; and it rvas directed t :- t the land in question shall be taken into Government custodl- Mr. Mayur Reddy, learned Senior Counse rrppearing for the petitioncr, vehemently contended that Lrc procedure contemplated under the provisions of the Reco: of Rights in Land and Pattadar Pass Books Act, 1971 and tL A. P.Assgined Lands (PO1') r\cL, 1977 is different and distin t the Special Tribunal, u,hrk: entertaining an appeal under Ser r:r 5(5) of the .,t 4/ . ,^. .,JU.. ,: J '.i;':" ,r 3 ROR Act, 1971, is not confer.red rvith the power to rnakc ary observation rvhich is having far reaching conscquenccs on the righls arrd intcrest ol the parties; and as such tht impugned order passed by the Special Trii:lrrrl by observing that thc subject larrd is assigned lanci, which would advcrsely effect the petitioner's p.op.i"tury rights, is impermissible in law. Mr. D.V.Chalapathl Rao, lcarncd Government plcader for Assignment, vehemently contenrjcd tha.t the Special Tribunal, on a careful examination of the record, has rightly passed the impugned crder by observing that the subject land is assigned lald and saie tralsaction took place il contravention of the provisions of the A.p.Assigned Lalds (pOT) Act, 1977; thc petitionel has not produced any doc-r:mentary evidence to show that the original assignee l-ras obtained NOC from the competent authority before execuiion of sale transaction in his favour; as the petitioner purchased Government assigr-red land without any NOC issucd in favour of the assignce, it is clear that the sale tralsacLion violates the assignment conditions; and as such the impugned order passed by the Special Tribunal cloes not warrant any interference by this Court. Upon perusa-l of the record and having regard to the submissions made, this court is of the considered view that the ( { \ i 4 i: Special Tribunal, while exercising jurisdiction u r'lcr the ROR Act, 197l, hasi made certain observations havir .; far-reaching consequences on the petitioner's rights und r a diflerent legislative sche me i.e., the A.P. Assigned Lands (F' -)T) AcL, 1977 ' n'hich fa11 outside the Tribunal's jurisdiction unc :: Scction 5(5) of the ROR Act, 1971. Accordingly, this u'rit petition is disposed 11 by directing that the impuLgned order passed by the 2nd r( sirondent vide procecdings No.D1/ 167lRDO/VKB/SPL, TBLl2O2l' Clt22tl2017, Cl2919 12O16(VKB), dated 16.0 2022, Lo Lhe extent that it contains observations declaring tl sr'rbject land as assigned land and directing its resumptio I L, shall stand deletecl. It is further directed that the impugr:t1 order shall remain unaltere d in all other respects. PenCing rniscellan--or-ls applications, if al l', shal1 stand closed. Thcrc shall bc no order as to costs. SD/- N. C'llrNDRA SEKHAR RAO REGISTRAR /l: //TRUE COPY// ION OFFICER To, '1 . The Principal Secretary Revenue Department' State .'" Telangana, Telangana \ Secretariat, HVderabad.

2. The District collector Vikarabad District and Addition .l collector, Sp_ecial _ - Tribunal, constituted uncier Teiangana Rights in Lanc i; nd Pattadar Pass Book Act, 2020 Vikarabad District.

3. The Revenue Divisional Officer, Vikarabad Revenue lr vision, Vikarabad' 4. The Tahsildar, Pudur Mandal, Vikarabad District. 5. One CC to SRI SAINI ARAVIND, Advocate lOPUCl tr2aaY '? ." ,:, ;,1'- . ,d ,/ 6 Two CCs to GP FOR ASSIGNIVIENT, High Court for the State of Telangana i 7 Two CD Copies. BSK o JP i I I ) HIGH COURT DATED:1710612025 1 \ //) I 1."' t1P:::lf4;t\ i-) 14 [Ci 20fr .;; ir .,1 : \i.. +\'.:.- , ORDER WP.No.38547 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 9\ a\{