STATE OF TELANGANA Vs. DAKOJI DURGAPATHY

JUDGEMENT

(1.) This writ appeal is filed challenging the order of the learned Single Judge dated 13.07.2018 allowing WP.No.40402 of 2017 filed by the respondents.

(2.) The appellants were the respondents in the writ petition. The relief sought in the writ petition was to declare the action of the respondents in treating the land in Sy.No.228, to an extent of Ac.4.20 guntas situated at Choutuppal Village, Bhongir District as Government land and including the same in the prohibited list as illegal, arbitrary and unconstitutional; to direct the respondents to delete the subject land from the list of prohibited properties under Section 22-A of the Registration Act, 1908 and to direct the respondent No.5 to register and release the documents presented by the petitioners in respect of the subject land.

(3.) The claim of the petitioners in the writ petition is that they belong to the barber community; their grandfather had applied for assignment of the subject land in the year 1955; the then Tahsildar, Choutuppal Mandal, had recommended assignment of the land in favour of their grandfather; the then Deputy Collector had recommended assignment of land in favour of their grandfather through proceedings No.680/55/A4 dated 13.05.1955. After complying with all the requisite formalities, vide proceedings in Rc.No.5439/55/B-3 dated 03.06.1955, the then District Collector, Nalgonda, had assigned an extent of Ac.18.00 guntas of land in Sy.No.228 of Choutuppal Mandal in favour of their grandfather, late Mangali Narayana. The said land was assigned without imposing any conditions and it was an unconditional assignment. The land was assigned to their grandfather on payment of upset price equal to 16 times of the land revenue.