THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION Nos.5569 AND 5587 OF 2019
COMMON ORDER:
The petitioners in both the Writ Petitions are the
successors-in-interest of one late Mr. Mangali Narasaiah,
who was assigned land to an extent of
Acs.18.00 gts., situated in Sy.No.228 through proceedings
RC No.5439/55/B-3, dated 03.06.1955, situated in
Choutuppal Village and Mandal, Yadadri-Bhuvanagiri
District.
2. A portion of the said extent of land admeasuring
Acs.4.20 gts., was stated to be treated as a 'Government
land' and was included in the list of 'prohibited properties'.
Some of the successors of the said late Mr. Mangali
Narasaiah approached this Court by filing Writ Petition
No.40402 of 2017 and the said Writ Petition was allowed
by a learned single Judge of this Court by an order, dated
13.07.2018, holding that the said assignment was made
prior to issuance of G.O.Ms.No.1406, dated 25.07.1958
and there was no condition of non-alienation in the said
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WP_5569 & 5587_2019
assignment and therefore, the provisions of the Telangana
Assigned Lands (Prohibition of Transfers) Act, 1977 (for
short 'the Act, 1977'), have no application to the said
extent of land. Aggrieved by the said order passed in Writ
Petition No.40402 of 2017, the State filed Writ Appeal
No.91 of 2020 and the same was dismissed by a learned
Division Bench of this Court by Judgment, dated
10.08.2021. The said judgment is stated to have become
final.
3. The petitioners in these two Writ Petitions are the
persons claiming a similar extent of Acs.4.20 gts., out of
the total extent of Acs.18.00 gts., which was assigned in
favour of late Mr. Mangali Narasaiah in the year 1955. It is
the contention of the learned counsel for the petitioners
that the petitioners herein stand on the same footing as
that of the petitioners in Writ Petition No.40402 of 2017
and therefore, the petitioners herein are entitled for
extending the benefit of the very same order, as confirmed
in Writ Appeal No.91 of 2020. The factual aspects are not
disputed by the learned Assistant Government Pleader for
Revenue.
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WP_5569 & 5587_2019
4. Taking into consideration the fact that the nature of
total extent of Acs.18.00 gts., was already considered by a
learned single Judge of this Court in Writ Petition
No.40402 of 2017 and the petitioners herein, being the
successors of late Mr. Mangali Narasaiah, claiming a
portion out of the said extent of land Acs.18.00 gts., and
the undisputed fact situation, this Court is of the
considered view that the issue involved in these Writ
Petitions is squarely covered by the order passed by this
Court in Writ Petition No.40402 of 2017, dated 13.07.2018,
as confirmed in Writ Appeal No.91 of 2020, dated
10.08.2021 and the petitioners herein are also entitled for
extension of the benefit of the said order.
5. In the light of the above, these two Writ Petitions are
allowed and the respondents are directed to delete the
subject land admeasuring Acs.4.20 gts., in Sy.No.228 of Choutuppal Village and Mandal, Yadadri-Bhuvanagiri District, each which is the subject matter of these two Writ Petitions, from the list of 'prohibited properties' under Section 22A of the Registration Act, 1908 (for short 'the Act, 1908'), and respondent No.5 further directed to ::4::
MSK,J WP_5569 & 5587_2019 receive, register and release the documents presented by the petitioners in respect of the subject land or portion thereof, without raising any objection that the said land was included in the list of 'prohibited properties' under Section 22A of the Act, 1908, subject to compliance of other formalities under the Indian Stamp Act, 1899 and the Registration Act, 1908.
As a sequel, miscellaneous petitions, pending if any in these Writ Petitions, shall stand closed. No costs.
___________________________________ MUMMINENI SUDHEER KUMAR, J Date: 11.09.2023 NDS ::5::
MSK,J WP_5569 & 5587_2019 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION Nos.5569 AND 5587 OF 2019 Date: 11.09.2023 NDS