TaxTMI 
TaxTMI 
2025 (5) TMI 1120
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....e land to the extent of Ac.3.01 gts.in Sy. No.72/31 situated at Chinnathimmapur village, Mulugu Mandal, Medak District, as the Appellant-State having sold the land on payment of market value could not have placed any condition restricting the enjoyment of the land and such restrictions were void under Section 10 of the Transfer of Property Act, 1882 (hereinafter referred to as 'TPA'). The relevant portion of the impugned order passed by the Division Bench is reproduced hereinbelow: - "7. Thus, learned Single Judge noted that respondent had purchased the subject land on payment of market value from the Government. On such purchase, respondent became the owner of the subject land whereafter, the same ceased to be a Government land or an assignable land. Having sold the land on payment of market value, the Government could not have placed any condition restricting the enjoyment of the land by the land owner. 8. We do not find any error or infirmity in the view taken by the learned Single Judge. No case for interference is made out." ARGUMENTS ON BEHALF OF APPELLANT 2. Mr. S. Niranjan Reddy, learned senior counsel for the Appellant-State, submitted that the impu....
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.... to dispense of Government lands by alienation to local Mediums and private institutions, Companies, Associations and private individuals on payment of market value. Illegible within certain limitations. Similar provisions is also available in B.S.O. 24 (empowering the Commissioner, land Revenue and District Collectors to dispose of Government land by alienation....." 4. The relevant portion of the Board Standing Order 24 referred to in G.O.Ms. No.635 is reproduced hereinbelow:- "6. Condition for the grant of State land:- (i) Lands at the disposal of Government:- A grant of State land whether for religious, educational or other public purpose should always contain the following conditions:- (1) The land shall be used ......................and for no other purpose. (2) The Government may resume the land wholly or in part with any buildings thereon, in the event of the infringement of any of the conditions of the grant. In the event of such resumption no compensation shall be payable for any improvements that may have been effected, or other works that may have been executed on the land by the grantee and the grantee shall not be entitled to the repaymen....
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....d. Sale Deed vide Document No.695/1981, Dt. 03-07.1981 Regd. at SRO Gajwel, Medak District. AND WHEREAS, I am intending to hand over the above property agricultural land bearing Sy.No. 72/31 an extend of Ac.3-01 gts., situated at CHINNA THIMMAPUR Village, Mulugu Mandal, Siddipet Revenue Division, Medak District A.P. (hereinafter called the SCHEDULE OF PROPERTY) which is more fully described in the schedule of property but due to personal work I am not looking after the affairs of the said property personally as such I am not in position to deal with the intending purchase, as such I hereby empower and authorize my Attorney Mr. SYED JAVED S/o late S.G. MOHIUDDIN to deal with all the matters contained to him with the following powers......" 9. Mr. Reddy lastly stated that the Power of Attorney holder had cut a colony by the name 'Eden Orchard' on the land allotted to the Respondent-Trust and even some of the plots had been sold to third parties without disclosing the conditions on which the initial allotment had been made. ARGUMENTS ON BEHALF OF RESPONDENT 10. Per contra, Mr. Gaurav Agrawal, learned senior counsel for the Respondent-Trust contended that the subject ....
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....that the learned Single Judge and the Division Bench had erred in not making a distinction between sale and allotment of the subject land. ISSUES 14. Having heard learned counsel for the parties and having perused the paper book, this Court is of the view that the following issues arise for consideration in the present proceedings, namely: - i. Whether alienation of land by the District Collector, Medak, Government of Andhra Pradesh vide order dated 8th February 2001 was a sale or alienation/allotment? ii. Whether any condition was imposed pursuant to the alienation of land by the Government of Andhra Pradesh? and iii. Whether any condition/restriction imposed by the State Government would be violative of Section 10 of the TPA? REASONING ALIENATION OF LAND BY APPELLANT-STATE WAS NOT A SALE BUT AN ALLOTMENT UNDER A STATUTORY SCHEME 15. Before answering the aforesaid issues, this Court is of the view that it is essential to outline the relevant facts. The land in question to the extent of Ac. 3.01 gts., falls under Sy. No.72/31 and is Government land as per entries of record and was declared as Government (Poramboke) land in the year 1989. ....
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....nd was being used for the said purpose. In response to the Appellant's letter dated 23rd November 2011, the Respondent-Trust had specifically replied that there were no violations of the conditions laid down in the letter dated 8th February 2001 and the land was being utilized for the purpose for which it was allotted. The relevant portion of the Respondent-Trust's reply dated 29th November 2011 is reproduced herein below: - "...I, further state that there are no such violations in the conditions laid down in the District Collector Medak Proceedings No.E3/7542/98, Dt.8.2.2001. After taking the possession the above land is being utilized for the purpose alienated. Class room, sheds were constructed within two years through our own funds..." ( emphasis supplied ) 20. It was also specifically averred in the writ petition filed by the Respondent- Trust that as the Appellant-State had offered the land as per G.O.Ms. No.635 dated 2nd July 1990 subject to three conditions vide proceedings No.E3/7542/98 dated 08th February 2001, the Respondent-Trust had followed the same 'scrupulously'. Consequently, the Respondent-Trust's argument that no specific purpose of ....