IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24130 of 1996 Between: 1 Chitram Babaiah, S/o. C.Seethaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 2 Chitram Boda Venkaiah, S/o. Late Poocha aih, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 3 Chitram Mekkam Ganesh, S/o. Babaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 4 C.Chandraiah, S/o. Late Sayanna, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 5 C.Ramaiah, S/o. Late Latchaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 6 C.Babaiah, S/o. Poochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 7 C.Narsamma , W/o. Late Maisiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 8 C.Anjaiah, S/o. Venkaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 9 C.Bodaramaiah, S/o. Late Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 10 Karre Ramaiah, S/o. Late Achaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 11 K Laxmaiah, S/o. Agaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 12 K.Bashaiah, S/o. Late Durgaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 13 K. Chinna Narsimha, S/o. Late K.Laxmaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 14 K.Pentaiah, S/o. Late K.Chandraiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 15 K.Narsimha, S/o. Late Papaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 16 K Sailoo , S/o. Late Rajaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 17 K.Balaiah, S/o. Late Ishtari , R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 18 K.Jaihind, S/o. Late Tulsaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 19 K.Peddaramaiah, S/o. Sayanna, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 20 C.Venkataiah, S/o. Mallaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 21 K.Laxmaiah, S/o. Papaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 22 K.Sandhaiah, S/o. Papaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 23 Dappu Venkaiah, S/o. Late Lacmaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 24 Dappu Jangaiah, S/o. Late Laxamiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 25 Vonka Balaiah, S/o. Babaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 26 V.Babaiah, S/o.Late Ramaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 27 V.Kangatla Danaiah, S/o. Mallaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 28 V.K.Venkataiah, S/o. Mallaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 29 Chirre Danaiah, S/o. Late Achaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 30 C.Shanker , S/o. Late Pentaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 31 P.Narsimha, S/o. Late Ramaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 32 P.Mallaiah, S/o. Balaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 33 C.Yellaiah, S/o. Achaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 34 Gaddem Mallesh, S/o. Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 35 V.Papaiah, S/o. Jangaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 36 V.Shanker, S/o. Balaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 37 P.Shanker, S/o.Laxmaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 38 Kommu Mallaiah, S/o. Maisaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 39 Yerra Narsimha, S/o. Chandraiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 40 Yerra Bhikshapathy, S/o. Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 41 K.Laxmaiah, S/o. Late Seetaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 42 K Balaiah, S/o. Late Poochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 43 K.Bikhshapaiah, S/o. Balaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 44 C. Jangaiah, S/o. Mallaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 45 Yerra Chandraiah, S/o. Late Ramaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 46 K Ramuloo, S/o. Durgaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 47 K.Maisaiah, S/o.Late Chinna Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 48 K.Yadaiah, S/o. K.Balaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 49 V.Sandhaiah, S/o. yellaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 50 Yerra Madari Ravi , S/o. Late Maisaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 51 Yerra Agaiah, S/o.Late Ramaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 52 Kommu Shankeraiah, S/o.Late Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 53 V.Balaiah, S/o. Papaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 54 C.Ramaiah, S/o. Venkataiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 55 Kommu Sarojini , W/o. Late Sathaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 56 Yerra Madari Surrender, S/o. Chandraiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 57 K.Yellaiah, S/o.Late Maisaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 58 P.Sandhaiah, S/o. Rukhaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 59 P. Yadaiah, S/o. Sailoo, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 60 P.Mallaiah, S/o. Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 61 P.Lingam , S/o. Mallaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 62 P.kishtaih, S/o. Venkaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. 63 P.Rajaiah, S/o. Pochaiah, R/o. Nadar Gul Village, Saroor Nagar Mandal, R.R.Dist. ..... PETITIONERS AND 1 The District Collector, Ranga Reddy District, Khairtabad, Hyderabad. 2 The Mandal Revenue Officer, Saroor Nagar Mandal, Ranga Reddy District, Saroor Nagar. 3 The District Registrar of Assurances Ranga Reddy Dist, Panjagutta, Hyderabad. 4 The Sub Registrar of Assurances, Champa pet, Ranga Reddy Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction particularly in the nature of Writ of Certiorari quashing the proceedings issued under Lr.No. D4/5001/92 dated 23rd September, 1996 inter alia Directing the 2nd S.No 197/32 to 49 at Nadargu Village, Saroor Nagar Mandal, Ranga Reddy and directing the 3rd Respondent not to entertain any registrations or transactions in the case as illegal, arbitrary, void abinitio and to pass. Counsel for the Petitioners 1 to 63: MR. M.M.Firdos Counsel for the Petitioners 64 to 66: MR. Syed Shareef Ahmed Counsel for Respondents 1 to 4: Sri A. Satya Prasad (Spl. G.P.) and GP FOR REVENUE Counsel for Respondents 5 to 206: Mr. E. Madan Mohan Rao. The Court made the following : ORDER: (per Hon’ble Sri Justice A. Gopal Reddy) Heard Sri M.M. Firdos, learned counsel for petitioners 1 to 63, Sri Syed Shareef Ahmed learned counsel appearing for the petitioners 64 to 66, Sri A. Satyaprasad, learned Special Government Pleader appearing on behalf of the respondent 1 to 4 and Sri E. Madan Mohan Rao, learned counsel appearing for the proposed respondents 5 to 206. The petitioners, who are 63 in number, originally filed this writ petition in the nature of Writ of Certiorari for quashing the proceedings issued under Lr.No.D4/5001/92, dated 23.09.1996, directing the second respondent to resume the land in Sy.Nos.197/2 to 29 and 197/32 to 49 at Nadargul Village, Saroor Nagar Mandal, Ranga Reddy District, and to direct the third respondent not to entertain any registrations or transactions in the above survey numbers. According to the petitioners, the petitioners and the ancestors of some of the petitioners purchased an extent of Acs.173.30 guntas of agricultural land from Government of A.P. under Rule 9(g) of the Laoni Rules, 1950 framed under the provisions of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. According to the petitioners, they have paid the entire consideration determined by the Authority concerned and proceeded to issue Form-G confirming the sale under File No.E1/999/59, dated 30.09.1961. On completion of sale, the names of the petitioners have been entered into the Revenue Records, Pahani Patrika and Faisal Patti evidencing that they are the owners of the said land. In the year 1974, due to the urbanization of the adjoining land, they have divided the land into plots and obtained sanction of layout from the Gram Panchayat, Nadargul. On making such an application for sanctioning of layout, the Mandal Revenue Officer, Saroornagar Mandal inspected the land and accorded permission in proceedings No.Roc.No.2/SPL./91, dated 10.07.1991 to transfer the occupancy rights after making into plots. Having complied with the Rules and Regulations and Byelaws, the petitioners have divided the land into plots as per the layout sanction. Since 1991 they have developed the land. At that stage, the impugned letter has been issued by the Collector basing on the newspaper report appeared in the newspapers. Questioning the same, above writ petition is filed. Pending the writ petition, the petitioner Nos.12 and 23 died and their legal representatives were added as petitioners 64 to 66. The purchasers on making the land into plots sold the same. The persons, who have purchased the property filed W.P.M.P.Nos.31143 and 34886 of 2007 to implead them as respondent Nos.5 to 150 and 151 to 206 respectively. The petitions are accordingly allowed. A counter affidavit has been filed by the Mandal Revenue Officer on behalf of respondents 1 and 2, stating that the land in Sy.No.197 of Nadargul Village admeasuring Acs.289.09 guntas is classified as ‘Gairan Sarkari’. Out of the said extent, an extent of Acs.252.04 guntas was assigned to 47 eligible persons, who are landless poor in the year 1960. He denied the transfer of land on payment of consideration as fixed by the authorities. The said lands were assigned to third party by landless poor persons without any consideration and for purely agricultural purposes. It is noticed that during the year 1992, the original assignees in contravention of the terms and conditions and to the various Government Orders issued prohibiting the transfer, have converted the lands into plots and sold them for non-agricultural purposes for construction of houses, without obtaining any permission for conversion of agricultural lands into non-agricultural lands. They were given permission to occupy the lands in Form-G under Laoni Rules with a specific condition that the grantee shall not transfer the occupancy rights without obtaining permission from the Tahsildar. The Mandal Revenue Officer, Saroor Nagar, has not sanctioned any permission to transfer the occupancy rights, and the proceedings mentioned by the petitioners in Roc.No.2/Spl/91, dated 10.07.1991, is not available in the records maintained by him. The Mandal Revenue Officer in his proceedings No.B/5171/2003, dated 30.06.2003, issued notices under the provisions of Andhra Pradesh Assigned Lands (Prevention of Transfers) Act, 1977 (hereinafter referred to as ‘Act 9 of 1977’), but no further action has been taken and the same is pending. Under the Laoni Rules framed under Section 172 of the A.P. (Telangana Area) Land Revenue Act, 1317 F, there are two types of Laoni Rules. One is General Laoni Rules and the other is Special Laoni Rules. Rule 1 to 14 deal with General Laoni Rules and Rule 15 onwards deal with Special Laoni Rules. The above Rules came into force from 7.12.1957. On issuance of Laoni Rules, the Government in G.O.Ms.No.1406, Revenue, dated 25.07.1958, issued revised assignment policy, which deals with the assignment of lands in Telangana Area under the Land Revenue Act. Under Rule VIII savings clause prescribes (a) The provisions of G.O.Ms.No.1406, Revenue, dated 25.07.1958, as are not inconsistent with the above rules will continue to be in force. (b) The provisions in Notification No.64 dated 16.11.1950 regarding the procedure to be followed in regard to assignment of lands should be continued to be followed so far as they are not inconsistent with the rules, issued in G.O.Ms.No.1406, Revenue dated 25.07.1958. The Government in G.O.Ms.No.1724, Revenue Department, dated 26.08.1959, in continuation of the assignment police issued in G.O.Ms.No.1406, revenue, dated 25.07.1958, revised the assignment policy. Rule VII prescribes– (a) The lands to which Circular No.14, dated 8.11.1954, issued by the erstwhile Hyderabad Government and the other circulars issued in clarification of it were applicable should be dealt with under those circulars but not under the new rules of assignment issued in G.O.Ms.No.1406, Revenue, dated 25.07.1958. Provided that the extent of land to be assigned in all such cases shall not exceed the limit of 45 acres of dry, 2½ acres of wetland, inclusive of the land already possessed. (b) The cases in which the right of patta was given to the occupants according to Circular No.14 and other circulars issued in clarification of it and cases in respect of which there is evidence in Government records either of application presented by the encroacher for grant of patta of his possession of the lands should not be treated as pending cases but should be decided under Circular No.14 and other Circulars issued in clarification of it. In view of the above, the Mandal Revenue Officer/Tahasildar has to decide whether the nature of the assignment made in favour of the original assignee is under Circular No.14 or under the Laoni Rules and if it is covered by Laoni Rules whether it is issued under General Laoni Rules or Special Laoni Rules; whether any conditions were imposed prohibiting alienation and transfer of the assigned lands at the time of granting assignment in favour of landless poor persons under Special Laoni Rules, or if it is assigned for market value under General Laoni Rules and the same is prohibited from alienation or not; and whether the transfer, if any, made prior to coming into force of Act 9 of 1977, the transferee is protected under sub-section (5) of Section 3 or not, have to be decided by the Mandal Revenue Officer uninfluenced by any of the directions issued by the District Collector in the impugned letter. Against any order passed by the Mandal Revenue Officer an appeal lies under Section 4 A of the Act to the Revenue Divisional Officer and further revision lies to the District Collector. The District Collector, who being the revisional authority has issued such directions to resume the land, is not competent to exercise revisional jurisdiction since he had already taken a decision to resume the land. In view of the same, the direction issued by the District Collector to the extent of resumption of land cannot be sustainable. The same, to the said extent, is liable to be set aside. If any violations are noticed, it is for the Mandal Revenue Officer to issue notice to the persons in whose favour the lands were assigned or the subsequent purchasers, who purchased the lands from the original assignee, listing out the violations and nature of assignment whether it is under Circular 14 or under Laoni Rules, whether it is General Laoni Rules or Special Laoni Rules, including the conditions imposed, if any, with regard to the inalienability and transfer at the time of grant of assignment for making appropriate representation by the persons to whom the notices have been issued for resumption of land. On such notice being issued with all the details, it is open for the original assignee or subsequent purchasers to put forward their claims contending that the prohibition contained under Act 9 of 1977 is not applicable. On such objection being filed, after providing an opportunity to substantiate their claims, the Mandal Revenue Officer shall pass speaking order. If any order adverse to the interests of the petitioners or subsequent purchasers is passed, until the appeal period is over, the land shall not be resumed. In view of the amendment of Section 22 A of the Registration Act, it is always open for the Mandal Revenue Officer to intimate the Sub-Registrar the list of survey numbers within his jurisdiction, which are never assigned lands and it is for the Registering authority to consider the same at the time of registration of the plots, if any, made. In view of the said amendment, no further adjudication is called for on the direction issued by the District Collector calling upon the registering authority not to entertain the registration, since it is governed by the statutory provisions. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ (A.GOPAL REDDY, J) ______________________ (B.SESHASAYANA REDDY, J) 9th April, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Collector, Ranga Reddy District, Khairtabad, Hyderabad. 2 The Mandal Revenue Officer, Saroor Nagar Mandal, Ranga Reddy District, Saroor Nagar. 3 The District Registrar of Assurances Ranga Reddy Dist, Panjagutta, Hyderabad. 4 The Sub Registrar of Assurances, Champapet, Ranga Reddy Dist. 5 2 CCs to G.P. for Revenue, High Court of A.P. Hyderabad. (OUT) 6 2CD copies. Form-NIC-OGS/WP{MN}