1. Mohammad Feroz Khan v. The State of Telangana

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus or any other appropriate writ or order or orders declaring the orders passed in Revision bearing No.D4l1305/2018, Dated 25-06-2019 passed by Joint collector, Mancherial and its consequential proceeding bearing No.B/i 783i2015, Daled 24-o8-2017 passed by RDo, lvlancherial and orders passed in proceeding bearing No.8/503/2017, Dated 06-.10-2017 passed by Tdhsitdar, Naspur as being arbitrary, vindictive, illegal, violative of Articles 14, 16 and 21 of the constitution of lndia and against to the principles of Natural Justice, and consequenfly set aside the orders passed in Revision bearing No.D4l130s/201g, Dated 2s-06-zo1g by Joint collector, Mancherial and its consequential proceeding bearing No.B/1783/2015, Dated 24-08-2017 passed by RDO, Mancherial and orders passed in proceeding bearing No.8/503/2017, Dated 06-10_2011 passed by Tahsildar, Naspur with a direction to Respondents to not to insist for Noc and not to interfere with the possession of the petitioner over land bearing sy.No.22 (old) Sy.No.22l1 (New) and Sy.No.22111111, situated at Naspur Viilage and Mandal, Dist. Mancherial. lA NO: 1 OF 2023 Petition under section 151 cPc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to suspend the orders passed by Joint collector, Mancherial in proceeding bearing No.D4ll305/2018, Dated 25-06-2019 and is consequential proceeding bearing No.81178312015, Dated 24-08-2017 passed by RDo, Mancherial and orders passed in proceeding bearing No.B/503/2017, Dated 06-10-2017 passed by Tahsildar, Naspur and with a direction to Respondents to not to interfere with the possession of the petitioner over land bearing Sy.No.22 (Old) Sy.No.2211 (New) I and Sy.No.2211/1/1 , situated at Naspur Village and Mandal, Dist. Mancherial I pending disposal of the above writ petition. lA NO: 3 OF 2024 Between:

1. The State of Telangana, Rep. its Principal Secretary Revenue Department, Secretariat Hyderabad.

2. The Chief Commissioner of Land Administration, Abids Station Road Hyderabad Rep by its Chief Commissioner.

3. The District Collector, Mancherial, Dist. Mancherial. 4. The Revenue Divisional Officer, Mancherial, Dist. Mancherial. 5. The Tahsildar, Naspur lvlandal, Dlst. Mancherial. Respondent No.5 Cause Title is amended as per Court Order dated 19.02.2024 in l.A. No.2of 2024. ...PETITIONERS/RESPONDENTS AND 1 2 J 4 5 6 Mohammad Feroz Khan, S/o.Firoz Khan, Age 43 years, Occ. Business, Rl/o.No.12-381, lslampura, Mancherial, Dist. Mancherial. Jabri Juber, S/o.Late Sayeed, Age 63 years, Occ. Business, R/o.H.No.5-63/1' Naspur Village and Mandal, Dist. Mancherial. Edla Srinivas, S/o.Edla Mallaiah, Aged about 41 years, Occ. Business, Rr/o.H.No.'l -7l1, Pothanpally, Mandal Bheemaram, Dist. Mancherial. Bandari Ravinder Kumar, S/o.Ellaiah, Age 50 years, Occ. Business, R/o.H.No.21-24l1 , Shivalayam Angadi Bazar, Mandamarri, Disl. Mancherial. I\/udraboina Janardhan, S/o.Rajaiah, Age 60 years, Occ. Singareni Employee' Rl/o.H.No.'18-352, Jyothinagar, A-Zone, Ramakrishnapur, Rl/M.Mandamani, Dist. Mancherial. Mohmmad Hussain, S/o. Mohammad Hussain, Age 60 years, Occ. Business, R/o.H.No.20-481, Chaitanya Nagar, Ramakrishnapur, Fl/M.Mandamani, Dist. lVlancherial. ...RESPONDENTS/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dl: 19.O2.2O24 in WP.No.32273 ot 2023 and dismiss the writ petition. Counsel for the Petitioner: SRI KONDADI AJAY KUMAR Counsel for the Respondents: SRI S. SOMAIAH EZRA, GP FOFi ASSIGNMENT The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.32273 of 2O23 ORDER: This writ petition is filed seeking to dgclare the orders passed in Revision No.D4/ 1305/2018, dated 25.06.2O19 by the Joint Collector, Mancherial and its consequential proceeding bearing No.Blfia3/2015, dated 24.08.2017 passed by the Revenue Divisional Officer, Mancherial and the orders passed in proceedings No.B/503/2017, dated 06.1O.2012 by the Tahsildar, Naspur, as illegal, arbitrary and for other appropriate reliefs.

2. Considered the submissions of the learned counsel for respective parties and perused the record.

3. It is stated that one Ramzan Bin Salam was assigned land to an extent of Ac.6.20 gts., forming part of Sy.Nos.22/ 1 and 22 / 1 I l, situated at Naspur Village and Mandal, Mancherial District and after his death, Pouthi was sanctioned vide proceedings No.ROR/6AlNaspur/ 213 I 2013, dated 08.09.2O13. In the year 2012, ttle vendors of the petitioners, i.e., legal heirs of late Ramzan Bin Salam, obtained No Objection Certificate, dated O5.O9.2012 bearing RC.No.B/324312012 and ' r') I I I ) B I 3244 /2012 from the-then Revenue Divisional OIficer, Mancherial and sold the property in favour of the petitioners. Thereafter, the names of the petitioners was mutated vide proceedings Rc.No.ROR/6AlNaspur/O1 12016, 1A.07.2016 and they are in possession and enjoyment of the subject lands. It is further stated that the Revenue Divisional Oflicer uide proceedings bearing No.B/1783/201S, dated 24.O8.2017, has set aside the mutation proceedings issued in favour of the petitioners vide Rc.No.ROR/6AlNasp ur /OI /2016, dated 18.07.2016 stating that the petitioners have violated the assignmenr patta conditions as per the policy enunciated in G.O.Ms.No.l4O6, dated 25.07.19Sg. Aggrieved by rhe said orders, the petitioners have filed an appeal before Joint Collector, Mancherial under Section 4 A(2) of TS Assigned Lands (Prohibition of Transfers) Act, lgTZ and the appellate authority dismissed the Revision Case vide No.D4/ 1305/ 2O1g, dated 25.06.2019 confirming the orders of the Tahsildar, Naspur, uide Proc.No.B/ 50 3 /2OlZ , dated 06.1O.20i7 and directed to resume the subject land to the Government custody.

4. Mr. Ajay Kumar, learned counsel appearing for the petitioners has contended that the predecessors_in_interest of the vendors' of the petitioners, were assigned the unoccupied .) ., assigned lands under Section 54 of the Telangana Land Revenue Act, 13 i 7 fasli (for short, 'the Act, i 3 17J and Laoni Rules made thereunder. It is further contended that patta certificate issued under the provisions of Laonl Rules are much prior to the policy being enunciated by the Government in G.O.Ms.No.1406, dated 25.O7.195a and the conditions incorporated in the said policy do not apply for the assignments made under the Laoni Rules. It is further stated that the respondent authorities without taking into consideration the difference between the assignment being granted under the Act, l3I7 and the Laoni Rules made thereunder and the assignments being granted by the State Government in terms of G.O.Ms.No. 1406, dated 25.O2 J9Sa, have erroneously cancelled the pattadar passbooks of the petitioners and directed for resumption of lands to the Government custody.

5. The learned counsel for the petitioners has placed Patta Certificate issued by the office of the Tahsildar, Luxettipet, under the Special Lavoni Rules framed under the provisions of the Act, 1317 dated --.06.1955 uide proceedings No.2/3O2164. A perusal of the said certihcate would reveai that the assignment was granted in favour of the predecessors-in- interest of the vendors of the petitioners' under the provisions of I Lavoni Rules, wherein there is no condition of non_alienation of the lands.

6. Mr. S. Somaiah Ezra, learned Government pleader for Assignmcnt appearing for the respondents has submitted that challenging the judgment rendered by the Division Bench of this Court in Letter Sent from ptot.Mo.O3a, Etc. a. Cottector & Distrlct Magistratet, the Civil Appeal No.1928 of 2016 and batch, have been preferred and the Hon,ble Supreme Court vide Reaenue Dioisionar o;fJicer, crteverta Divrsion and. others us, Mohd.. Sgeed. Ather & others2 had set aside the orders of the Division Bench of this Court and remitted the matter for fresh hearing. I t is also stated that while considering the s€une on such remand, the High court shalr arso take into account the decision of this Court in Gooernment oJ Ap ornd, Ors. u. Gud.epu Sciloo and other# and in yad.aiah dnd Anr. a. State of Telangana and others+, more particularly the condition of non_alienability contained in the revised assignment policy under G.O.Ms.No.l406 dated 2S.OZ.1g1g. I 2008 (s) ALD 626 (DB) 2 AIR 2025 (SC) 506 3 (2000) 4 scc 62s 4 (2023) 70 SCC 7ss I 5

7. In view of the decisions referred by the learned Government Pleader for Assignment, the core issue required to be adjudicated is whether the patta certificate issued to the petitioner is after collecting the market value in terms of the Laoni Rules or the said certificate has been issued without collecting any market value to apply above principles enunciated by the Honble Supreme Court and also the conditions imposed vide G.O.Ms.No. 1406 dated 25.07.1958. As these issues v/ere not brought to the notice of the original authority and the revisional authorit5r under the provisions of the Act, 9 of ),977 , the ends of justice would be met, if the orders passed in Revision No.Da/1305/2018, dated 25.06.2019 l by the Joint Collector, Mancherial and consequential proceeding bearing No.81178312O15, dated 24.O8.2O17 passed by RDO, Mancherial and the orders passed in proceedings No.B/503/2017, dated 06.10.2012 by Tahsildar, Naspur, are set aside. The revisional authority is directed to call for the records relating to patta certificate dated Ni1.06. 1955 uide proceedings No.2l 3O2l6a and examine the conditions mentioned therein, whether the said patta was granted free of cost or on collection of market value in terms of the Revised Assignment Policy and keeping in view the judgment of Hontrle 6 ( Apex Court in Reuenue Dkisiono,l OfJicer, Cheve q. Divislon and others as. Mohd. Sgeed. Ather & others (supra), pass a reasoned ordcr, in accordance with law, within a period of four (04) months from the date of receipt of a copy of this order and communicate the same to Lhe petitioner. 8 With the above observations, this Writ petition is disposed of- There shall be no order as ro costs As a sequel, the miscellaneous petitions pending, if any, shall stancl closed I i To, //TRUE COPY// SD/-A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR i Hyderabad. Station Road Hyderabad.' sEcIoN dpRCen 1' The Principar secretarv Revenue Department, state of rerangana, secretariat 2' The chief commissioner, chief commissioner of Land Administration, Abids 3. The District Collector, Mancherial, Dist. Mancherial. 4. The Revenue Divisional fficer, Mancherial, Dist. Mancherial. 5. The Tahsildar, Naspur Mandal, Dist. Mancherial. 6. One CC to SRt KONDADT AJAY KUMAR, Advocate tOpUCl 7. Two CCs to SRI S. SOMATAH EZB4,gp for Assignment, High Court for the 8. Two CD Copies State of Tetangana at HyderabaA. iOUi MP BS Lr/ \ t HIIGH COURT DATED:2410212025 ( ?J I 1+{d SF4 2l uiv Wfr z A €9 ORDER WP.No.32273 o12023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ l,a 1l