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Oggur Yadaiah And Another vs The State Of Telangana And Another on 27 September, 2019

The learned Senior Counsel has also relied on a judgment of this Court in Yadaiah and Anr. v. State of Telangana and Ors.2 to fortify the contention that the High Court had erred in appreciating such contentions, especially in considering the existence of the condition of non- alienability in Form G issued on 08.04.1961, as also existence of such a condition with respect of assigned 1 (2000) 4 SCC 625; 2000 INSC 266 2 (2023) 10 SCC 755; 2023 INSC 664 Page 8 of 12 Civil Appeal Nos. 1919-1922 of 2016 land under the revised policy published under the G.O.M.S. No.1406 dated 25.07.1958. The learned Senior Counsel for the appellant drew our attention to various relevant paragraphs in the decision in Yadaiah’s case (supra). In paragraph 64, it was held, “once it is determined that the regulatory regime which was in vogue and held the field as on 21.10.1961 will govern the assignments, then it also stands crystalised that the 1958 Circular as well as G.O.M. S. No. 1122 being in force at that time, are clearly applicable to the subject land”. Referring to paragraph 69 of the said judgment, it was submitted in categoric terms this Court held in Yadaiah’s case (supra) that the provisions of the 1958 circular include a condition of non-alienability. In short, it is submitted by the learned Senior Counsel that in the light of the decision in Yadaiah’s case (supra), the conclusions and the findings in the impugned common judgment dated 02.09.2008 are absolutely unsustainable.
Telangana High Court Cites 6 - Cited by 1 - G S Devi - Full Document
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