INDU BAI & ORS. versus STATE OF TELANGANA & ORS.

Citation: [2020] 1 S.C.R. 453 · Decided: 21-01-2020 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Disposed off
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Judgment (excerpt)

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INDU BAI & ORS.
v.
STATE OF TELANGANA & ORS.
(Civil Appeal No. 483 of 2020)
JANUARY 21, 2020
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Tenancy:
Allotment of land in question – To persons displaced  after
partition of India-Pakistan – Challenged by State Government –
Also challenged by appellants claiming to be pre-partition tenants
– High Court upheld the challenge by  the State Appeal to Supreme
Court – Held: The challenge in the writ petition of the appellants
before High Court was not to seek establishment of any right of the
appellant being pre-partition tenants – Therefore, the matter is
remitted to High Court to decide the writ petitions in accordance
with law.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 483 of
2010.
From the Judgment and Order dated 12.02.2016 of the High Court
of Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh in Writ Petition No. 14066 of 2006.
With
Civil Appeal Nos. 477-478, 486-487, 492-493, 568, 569-570,
571-572, 573, 479-480, 481 of 2020.
Guru Krishna Kumar, Pallav Sishodia, Ranjit Kumar, C.S.
Vaidyanathan, V. Giri, Sr. Advs., Mullapudi Rambabu, N. Eswara Rao,
Ms. Prity Kumari, Ms. Vijayshree Pattanaik, B.K. Prasad, M/S. M.
Rambabu And Co., Saurabh Mishra, Abhishek Singh, Ms. Samridhi Pal,
Ms. Aashna Bhatia, Srinivasa Rao Putluri, Varun Thakur, Tripurari Roy,
Ms. Shraddha Saran, Varinder Kumar Sharma, Hitendra Nath Rath, Dr.
E. Seshagiri Rao, G.V.R. Choudary, K. Shivraj Choudhuri, Harsh Singhal,
Hitesh Kumar Sharma, A. Sudhakar Rao, Kakra Venkata Rao, Tanmaya
Agarwal, T. V. Ratnam, P. Venkat Reddy, Prashant Kr. Tyagi, P. Srinivas
   [2020] 1 S.C.R. 453
453
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SUPREME COURT REPORTS
[2020] 1 S.C.R.
Reddy, Raja Ram, M/s. Venkat Palwai Law Associates, Prashant Singh,
A.K. Kaul, Raj Bahadur Yadav, Venkateshwar Rao Anumolu, Advs. for
the appearing parties.
The Judgment of the Court was delivered by
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 12th 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 22nd 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 displaced
persons.
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
examined 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 Government takes
such transferred land out of compensation pool. The observations of this
Court in the following para are in the context of the finding recorded by
the High Court, which reads as under:
“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.”
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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 following relief:
“…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,
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