Disposed

Pasarthi SRinivas v. The District Collector, Adilabad District,Adilabad

Telangana HC25 Sept 2012WP/28295/2009

Case brief

AI extract

What is this about?

Appeal challenging a show-cause notice issued to alleged bona fide purchasers of assigned land. The court disposed of the writ petition by directing the petitioners to submit explanations to the Tahsildar regarding the applicability of exemption savings within four weeks, maintaining status quo pending inquiry. No costs awarded.

What did the court decide?

Directing petitioners to submit explanation to the Tahsildar within four weeks; status quo maintained pending enquiry; no costs.

Pasarthi SRinivas Vs The District Collector, Adilabad… — Land Acquisition | Telangana HC (2012)

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.28295 of 2009

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Date:25th September, 2012

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Between: Pasarthi Srinivas S/o.Sankaraiah & Anr.

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..... Petitioners

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AND

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The District Collector, Adilabad District, Adilabad & Ors.

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.....Respondents

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THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.28295 of 2009

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ORDER:

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The notice issued to the petitioners in Form-II under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, is under challenge in this writ petition.

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2. The petitioners claim to be the owners and possessors of the land admeasuring 720 sq. yards comprising Survey No.365/1, situated at Garmilla Village, Mancherial Mandal, Adilabad District, having purchased the same under three registered sale deeds, each for 240 sq. yards, dated 15.10.2004, from Marri Saraiah S/o.Muthaiah. After the purchase, they got their names mutated in

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the revenue record vide proceeding Nos.ROR/6A/Garimella/946 to 948/2006, dated 00.06.2006. Originally the land admeasuring Ac.2.10 guntas comprising Survey No.365/1 of Garmella Village, Mancherial Mandal, Adilabad District was assigned to Arkala Chinna Rajam in the year 1978. After his death, mutation came to be effected in the name of his daughter Smt.Nalla Sayamma in the year 1991-1992. She executed a sale deed in favour of Marri Saraiah S/o.Muthaiah in the year 1993-94. The said Marri Saraiah converted the agricultural land into house plots and sold to various persons. The petitioners purchased 720 sq. yards from Marri Saraiah S/o.Muthaiah, under three registered sale deed, each for 240 sq. yards, dated 15.10.2004. The Tahsildar, Mancherial Mandal, Mancherial, Adilabad District-3^rd respondent issued showcause notice in Form-II to the petitioners to explain as to why they should not be summarily evicted from the assigned land. Assailing the show-cause notice, the petitioners filed this Writ Petition.

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3. Rule Nisi came to be issued on 24.12.2009. An interim stay of dispossession of the petitioners from the land in their occupation came to be issued on the even date vide WPMP No.36849 of 2009.

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4. The respondents 1 to 3 entered appearance and filed counteraffidavit. They also moved WVMP No.3128 of 2012 seeking vacation of the interim stay granted on 24.12.2009.

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5. When the vacate stay petition came up for consideration, with the consent of the learned counsel appearing for the parties, the writ petition is taken up for final disposal.

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6. Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Assignment appearing for the respondents.

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7. It is contended by the learned counsel appearing for the

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petitioners that petitioners are bona fide purchasers and their sale is saved from the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

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8. Learned Assistant Government Pleader for Assignment appearing for the respondents submits that the alienation in favour of the petitioners is in contravention of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

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9. Be that as it may, the writ petition is filed questioning the showcause notice issued in Form-II under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007, to the petitioners. The petitioners can substantiate their contention before the 3^rd respondent that sale in their favour is saved under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

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10. In that view of the matter, the writ petition is disposed of directing the petitioners to submit their explanation to the Tahsildar, Mancherial Mandal, Macherial, Adilabad District-3^rd respondent, to the show cause notice within four weeks from today. There shall be status quo existing as on this day with regard to possession of the land pending the enquiry before the Tahsildar, Mancherial Mandal, Macherial, Adilabad District-3^rd respondent. No costs.

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______________________ B.SESHASAYANA REDDY, J.

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Date:25^th September, 2012. cs

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THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

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Writ Petition No.28295 of 2009

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Date:25th September, 2012

Pasarthi SRinivas v. The District Collector, Adilabad District,Adilabad

Case brief

What is this about?

What did the court decide?

Pasarthi SRinivas v. The District Collector, Adilabad District,Adilabad

Case brief

What is this about?

What did the court decide?

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