Supreme Court of India
Indu Bai vs State Of Telangana . on 21 January, 2020
Author: Hemant Gupta
Bench: A.M. Khanwilkar, Hemant Gupta, Dinesh Maheshwari
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 483 OF 2020 ARISING OUT OF SLP (CIVIL) NO. 2186 OF 2020 [CC NO. 12379 OF 2016] INDU BAI & ORS. .....APPELLANT(S) VERSUS STATE OF TELANGANA & ORS. .....RESPONDENT(S) WITH CIVIL APPEAL NOS. 477-478 OF 2020 (ARISING OUT OF SLP (CIVIL) NOS. 23613-23614 OF 2016) CIVIL APPEAL NOS. 486-487 OF 2020 ARISING OUT OF SLP (CIVIL) NOS. 2187-2188 OF 2020 [CC NOS. 15550-15551 OF 2016] CIVIL APPEAL NOS. 492-493 OF 2020 ARISING OUT OF SLP (CIVIL) NOS. 2189-2190 OF 2020 [CC NOS. 9442-9443 OF 2017] CIVIL APPEAL NOS. 568 OF 2020 ARISING OUT OF SLP (CIVIL) NOS. 2378 OF 2020 [DIARY NO. 38272 OF 2016] CIVIL APPEAL NOS. 569-570 OF 2020 ARISING OUT OF SLP (CIVIL) NOS. 2379-2380 OF 2020 [DIARY NO. 38274 OF 2016] CIVIL APPEAL NOS. 571-572 OF 2020 ARISING OUT OF SLP (CIVIL) NOS. 2381-2382 OF 2020 [DIARY NO. 38275 OF 2016] Signature Not Verified CIVIL APPEAL NOS. 573 OF 2020 Digitally signed by DEEPAK SINGH ARISING OUT OF SLP (CIVIL) NOS. 2383 OF 2020 [DIARY NO. 38276 OF 2016] Date: 2020.01.22 17:11:17 IST Reason: CIVIL APPEAL NOS. 479-480 OF 2020 1 ARISING OUT OF SLP (CIVIL) NOS. 2175-2176 OF 2020 [DIARY NO. 33321 OF 2019] CIVIL APPEAL NO. 481 OF 2020 ARISING OUT OF SLP (CIVIL) NO. 2177 OF 2020 [DIARY NO. 45315 OF 2019] JUDGMENT
HEMANT GUPTA, J.
1. The present appeals are directed against a common order passed
by the High Court of Judicature for the States of Telangana and
Andhra Pradesh at Hyderabad on 12 th February, 2016 whereby the
writ petitions filed by the State of Telangana were allowed.
2. Civil Appeal No. 7477 of 2019 (Ramesh Parsram Malani & Ors. v.
The State of Telangana & Ors.) arising out of the said order stands
dismissed by this Court on 22 nd October, 2019 wherein it has been
held that the Central Government has transferred land to the State
Government and that the State can allot land for settlement of
3. The appellants claim themselves to be pre-partition tenants on the
land situated in Village Poppalguda, District Ranga Reddy. The
grievance of the appellants is that their right to continue in
possession has been put in jeopardy when the State issued an
auction notice on 25th April, 2016.
4. This Court in its judgment dated 22nd October, 2019 has not exam-
ined the claim of the alleged pre-partition tenants. This Court in
Ramesh Parsram Malani’s case set aside the finding of the High
Court wherein it was held that transfer of land to the State Gov-
ernment takes such transferred land out of compensation pool.
The observations of this Court in the following para are in the con-
text of the finding recorded by the High Court, which reads as un-
“31. However, we are unable to agree with the High
Court that transfer of land to the State Government
takes such transferred land out of compensation pool.
The land transferred to the State Government continues
to be part of compensation pool but it is required to be
disposed of by the Officers of the State who have been
conferred the powers of the Managing Officer or of the
Settlement Commissioner for the settlement of the
displaced persons alone. It is only after the displaced
persons are settled, the State Government may utilize
the land for other purposes.”
5. In Civil Appeals arising out of Special Leave Petition (Civil) Nos.
23613-23614 of 2016, the order of the High Court in Writ Petition
Nos. 29274 of 2014 and 29436 of 2014 is subject matter of
challenge. Before the High Court, the appellants have challenged
the allotment of land to Ramesh Parsram Malani (the appellant in
Civil Appeal No. 7477 of 2019) and also claimed Patta being pre-
partition tenants. The appellants have claimed, inter alia, the
“…direct the respondents No. 1 to 5 to grant patta
rights in respect of the subject lands admeasuring
Ac.18.00 Gts in Sy. No. 301, 303, 327, situated at
Poppalguda Village, Rajendra Nagar Mandal, Ranga
Reddy District, in favour of the petitioners herein.”
6. In Civil Appeals arising out of Special Leave Petitions (CC Nos.
15550-15551 of 2016), the appellants have filed miscellaneous
application for claiming interim directions not to interfere with the
possession and enjoyment of the appellants over the land
comprising in Survey No. 331 of Poppalguda Village, Rajendra
Nagar Mandal, Ranga Reddy District. Therefore, the challenge in
the writ petitions was not to seek establishment of any right of the
appellants being pre-partition tenants.
7. In other appeals, the appellants have not invoked the writ
jurisdiction or any other competent forum for redressal of their
grievances in relation to vesting of land in them.
8. In view of the above, the order dated 12 th February, 2016 passed
by the High Court in Writ Petition Nos. 29274 of 2014 and 29436
of 2014 is set aside and the matter is remitted to the High Court to
decide the writ petitions in accordance with law. All other
appellants are at liberty to invoke such other jurisdiction as may be
available to them for redressal of their grievances in accordance
9. All the appeals stand disposed of accordingly.
(L. NAGESWARA RAO)
JANUARY 21, 2020.