Erapakula Pedda Ushaiah v. 1. The State of Telangana

2. The Special Tribunal and District Collector, Nagarkurnool District. 3. The District Collector, Nagarkumool District 4. The Revenue Divisional Officer, Kalwakurthy Division, Nagarkumool District 5. The Mandal Revenue Officer, Vangoor, Nagarkurnool District. 6. Sri Erapakula Venkataiah, S/o Ramaiah . Aged about 50 years, Occ Agriculture

7. Smt Erapakula Lakshmamma, Wo Erapakula Venkataiah, Aged about 48 Years, Occ Agriculture, (Both are Rl/o H. No. 4- 5, Kondareddypally Village of Vangoor Manddl. Nagarkurnool District- 509324, Telaugana State. ) ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the in the affidavit filed therewith, the High Court may be circumstances st€ted pleased toto issue an order, writ or direction more particularly in the nature of Writ of mandamus declaring the order passed by 2nd Respondent by vide proceeding no. ST/D1I62812O21 Dated 08. 02. 202'l in confirming the order passed by the 4th respondent in case bearing No. A14212016 vide Orders dated 06.01.2018 against the order of reassignment passed by the 5th respondent vide Proceedings No. G/4233/2005 dated 01.02. 2006, in land Sy. No. 116/4, in favour of Respondent no. 6and 7 Ac. 02- 00Gts each situated at Kondareddypally Village, Vangoor Mandal, Nagarkurnool District is illegal, arbitrary, irrational and voilation to the provisions of the Under The Telangana Assigned Lands(F'r( hibition. of rransfers)Act, por Act, 1977 is iilegat, arbitrary violative of fundarnr ntar rights guaranteed under constilution. arrd ."""a"qu"ntrv set- a side the silrrr r and remand the proceedings before ft," rrrr ,"sponoln-t ro,. fresh considerati,rr -lnder section 4- B of retarijana Assigned unoJtpoij n.t, 1977 . lA NO: 1 OF 2024 Petition under Section 151 cpc praying that in the circ un.lstances stated in the affidavit fire,cr i r 5uppert of the writ puiitiJr, tne Hign cor.t ,nry o-Jpru"1uo to stay the orde^; iind Respondent by vide proceeding no s;ttolia5aiozr Dated 08 02 20?-1 rnd the orderpassed oy *re +1ir respondert n case bearing No. A14212016 v'de orders dated 06. 01 .'2018 fenoing drsoosar of the writ Petition and pass Counsel for the petirioner(s):SRl. T SRUJAN KUMAR REDDy Counsel for the Resf rondents 1 TO 5: AGp FOR ASSIGNMENT Counsel for the Resg ondents 6& 7: VENKATESH DESH pANDI_-- The Court made the lollowing: ORDER HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.3319 9 of2O24 ORDER: . This Writ Petition, under Article 226 of the Constitution of India, is hled seeking the following reliet '....to issue on order, wit or direction more partianLarlg in the nature oJ bA uide Writ of mrlndrrmut attn)r,'q ti)-o'dt' po"te,a bg 2"d .respondent proceeding nr. srt o r t oiii ioi t- Dated 08'02:202 1..in conlinning t he order passed bA the 4t^Zi""a"i in case beaing No'A/42/2016 uide orders dated, 06.0I.20 l;";gaiit tn ora", of reassignment po.ssed bv iriJ"f,ii"gs No.o/4253/2oo5 dated 01'02 2006 ttLe sth responde t Nos'6 and 7 Ac'02'o0 Gts ^a" in land Sg.No.l 1At + i" ta'o"' 'i '""pond"nt village' . vangool Mand:L each situated at xi"iZ'iaipiug irrattinot,and uoilation to the Naoarkumool o t' ' ;X *i;;- ;i'"i.J u n' a "'' ii1" i' t "'s' i'" e s sig.ne d L a.n d's ( P r o hib it io n o I "' Transfers Act) (PoT) i,.i" t7i'i' ii'' itteg.il'.. arbttrory' uiotatiue of fundamentd agnt" g'o'oi""d' und"' r;orr,litutiol ond con'sequentlA set the ?d respondent aside the same and n'io"i tn" p"eeling; +B df TeLangana Assigned lands for fresh consideratton (POT) Act, 1977 ' o"iiigot' "iin'"|'a' 'ti''i'"Sr,J'io" -b?fore

2. Considered the submissions of the learned colrnsel for the parties and Perused the record' It is the case of the petitioner that he beiongs to Scheduled 3. Tribe Community and he was assigned land admeasuring Ac'4-OO gts in Sy.No. 116, situated at Kondareddypally Village' Vangoor Mandal, Nagarkurnool District, vide Proceedings No A616412I76'24 dated 20.1 1.1976 arrd was also issued pattadar passbooks by the respondent No.4. It is further case of the petitioner that taking advantage of his illiteracy, the respondent Nos'6 and 7 obtained his -- .J 2 signatures on t lank papers and in collusion with resp,tnrlent No.5 created frarrrh lent documents and got re.assignerl the land admeasurin6 Ar 2-00 gts each in Sy.No. 116/4 in their fa rzour vide Proceedings \ct t;/4233/2OOS dated Ol.02.2006. It is sr,rred that challenging thc. :raid proceedings, the petitioner filr:cl an ag:peal vide Case No.A,/42r1 116 on the file of respondent No.4 uncle: Section 5(5) of Telanp;r n I Rights in Land and pattadar passbo.ks r\ct, 1971 (for short "RO? i\ct, 1921"). The respondent No.4 vid. ,rr<.er dated 06.01.2018 c rsrrissed the appeal as not maintainable urder the provisions of E O Fl Act, or Telangana Assigned Lands (pr,rhibititrn of Transfers) Ac., 1)77. It is further stated that aggrievecl by the said order dated 0:,.01.2018, the petitioner hled rt.visiirn vide No.D7 /677 ,t'2))! on the hle of Joint Collector., Naqa-kurnool respondent lkr.: and in pursuance of G.O.Ms.No.4 llevenue (Assignment-l D:partment dated 12.or.2o21, the said revision was transferred t.c the respondent No.2_Special Tribrrn,rl and renumbered es . ase No.ST/Dt/629/2O21. It is srate(l that the respondent No.2 uide order d,ated Og.O2.2O27 clisrrisr,ed the revision Case )I, ' ST /Dl l62g /2O2 I without assigning ar y valid reason. Hen<:e t rr tvrit petition. 4 Le arned cor rnsel for the petitioner submitted that rcs[],ondent b ; taking undue advantage of the peti _ioncr,s Nos.6 and 7 3 illiteracY, obtained his signatures on blank Papers and fabricated documents to get the land re-assigned' It is further submitted that both the respondent Nos'2 and 4 erred in rejecting the petitioner's claims solely on the ground of maintainability of the application under the ROR Act, 1g71 without examining fraudurent documents on the basis of which the entries were altered' It is also argued that the authorities acted without jurisdiction and therefore ' orders passed by the respondent Nos'2 and 4 are not maintainable' 5. Per contra, the learned counsel for the respondent Nos'6 and 7 has submitted that the petitioner has surrendered his lands in Form-C (Rajinama) and on such surrender' the respondent No'S has re-assigned the surrendered lands to the respondent Nos'6 and TandissuedProceedingsNo.Gla233l2005datedol,02.2006.

6. The core issue revolving around the subject lands is that whether the petitioner voluntarily surrendered the subject land or whether the reassignment in favour of respondent Nos.6 and 7 was made through fraudulent means' The petitioner asserts that no such surrender was ever made and alleges that respondent Nos'6 and 7, in collusion with the respondent No'5' fabricat'ed documents to secure the reassignment' Whereas the respondents contend that the land was surrendered through Form-C and validly reassigned' The respondent No'4' while holding that the appeal hled by the t I I I 4 a') petitioner !v1s not maintainable under the relevant statutory provisions, p'oc r.''ded to render rrndings on the me rits ,rf the case, which is not .r, 'ranted. The respondent No.2 also d ism ssed the revision case rvi l-rout assigning valid and cogent reas()n s. Such an approach rs -rr tenable and amounts to improper :xcrcrse of jurisdiction.

7. In view r>f he above, the impugned order dated Og O2.2O2l passed in l)ror:r'e iings No.ST/D l/629/2021by the respord,:nt No.2 confirming tbt: order dated 06.01.2O1g passed irr Czrse No.A/ 42 l2A 1 ti l> ' the respondent No.4 is set aside Thc pr:titioner is at liberty to .p.trsue appropriate remedies beforr: thr: cornpetent authority, in a:.:c. r,:lance with law. 8 With the tl r>ve observations, this Writ petitiorr is disp,tsed of. No order as lo c:)s ls As a seq _r:1 the miscellaneous petitions pending, f an y. shall stand closecl. //TRUE COPY// SD/-1. V'IJAYA LAXMI ISTANT REGISTRAR SECTION OFFICER Department, S e, r,'s1s1s1, Hyderabad. '1 . The State of Tel rngana, Rep. by its Principal Sec ry, Revenue 2. The Special 'f -ib.rnal and District Collector, Nagarkurnool Distric:t. 3. The District Ooll,:ctor, Nagarkumool District 4. The Revenue Di risional Officer, Kalwakurthy Division, Nagarkur.rool District 5. The Mandal ller i:nue Officer, Vangoor, Nagiarkumool District. 6. One CC to S F{l 'r 7. One CC to S FtI. .,/ENKATESH DESHA PANDE ADVOCATE 8. Two CCs to G,P FOR ASSIGNMENT ,High Cou( for the State c,f Telangana 9. Two CD Copir:s SRUJAN KUMAR REDDY Advocate [OpLrC] t t To, M,,- I I r HIGH COURT DATED:1110312025 ORDER 'tir.*"- .--: -- E St{,7..\ \ 1liao WP.No.33199 of 2024 o o 2 J lri,qt ;,uz; a( .r'i ,,.. ./ .1t qt,\ ;)_ 2' ===a--:-.' :t D,..Sp DISPOSING o !'THE WRIT PETITON WITHOUT C()STS \ 11\ .--ta \o\ . [.\'' ),