Telangana High Court
E.Nagamma vs The State Of Telangana on 12 February, 2025
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.3922 of 2025
ORDER:
It is stated that one Antharam Laxmaiah, who is the husband of petitioner No.1 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 and his name was shown as assignee in all the revenue records and the nature of land has been classified as Laoni Patta. It is further stated that the said land was converted from agricultural 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 2021, dated 22.01.2021.
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 Land Revenue 2 CVBR, J Wp_3922_2025 Act, 1317 Fasli for the purpose of agriculture only. If any of the terms and conditions of the assignment patta has been violated, the State Government is having power to resume the land by following the procedure under the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 (for short "the Act, 1977").
4. As per Section 5 of the Act, 1977 the assigned lands are prohibited for transfer/registration. Sub-Section 1 of Section 5 of the Act, 1977 states as follows:-
" The District Collector or any other Officer, not below the rank of a Mandal Revenue Officer authorized by him in this behalf, shall within 45 (forty five ) days from the date of commencement of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) (Amendment) Act, 2016 [2007] furnish to the Registering Officer having jurisdiction over the area a list of lands assigned to the landless poor persons with all particulars of assignment and further furnish such particulars of new assignment forthwith."
5. Section 7 of the Act, 1977 contemplates the penality for illegal transfers of the assigned lands. Section 7 (2A) of the Act, 1977 states that if any officer, violating the provisions under subsections (1) and (2) of Section 5 shall be punished with 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 notified as assigned lands. The grievance of 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 violated 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, prima facie, this Court is of the opinion that the innocent purchasers, without knowing the fact that the land was assigned lands, seems to have purchased the various extents of the land 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 and prejudice to the bonafide 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 disposed in favour of third 4 CVBR, J Wp_3922_2025 parties, who are not in a position to enjoy the absolute rights even though they 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 land, initiate appropriate action in terms of the Act, 1977 and also register the criminal cases against the persons as per the provisions of the Act, 1977 for entertaining the registration by the Sub-Registrar, within a period of three (03) months from the date of receipt of such application.
8. With the above observations, this Writ Petition is disposed of. No costs.
9. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 12.02.2025 gkv