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High Court Halts BRS-era Government Land Gift Proceedings

Amoy Kumar is being investigated by the Enforcement Directorate and the state police over allegations of massive corruption during his stint as Rangareddy collector in the BRS regime

Hyderabad: Yet another case of the previous BRS regime gifting government land worth hundreds of crores of rupees to private persons came to the fore in the Telangana High Court.

After perusing records, the court observed that then Rangareddy district collector Amoy Kumar, in a bid to help a private party, got "biladakala" (no man's land between the boundaries of two revenue villages) converted into a private patta land. This land parcel of 40 acres is located between Kodankal and Mokila in the prime Shankarpally mandal.

The land belongs to the government and local tahsildar had submitted an affidavit to this extent in another case pending before the High Court on the same issue.

Amoy Kumar is being investigated by the Enforcement Directorate and the state police over allegations of massive corruption during his stint as Rangareddy collector in the BRS regime.

It was while hearing a land dispute between two private parties that Justice C.V. Bhaskar Reddy of the High Court found that the then district collector had issued proceedings classifying the government (biladakala) land as patta land, despite the affidavit submitted by the tahsildar in a case before the High Court on the same issue, stating that the land belonged to the government.

The then collector did not consider the report of the deputy director of the survey department, who clearly stated that out of 40 acres, half the land was encroached upon by the private parties who had built a compound wall. The collector issued proceedings No. A3/1567/2022 dated 29.12.2022 directing the assistant director, survey and land records, Rangareddy district to carry out the correction in the village map of Kondakal under Section 90 of the AP (Telangana Area) Land Revenue Act, 1317 Fasli and allot new survey and pote numbers in respect of Survey No. 555 as per sub-division records under Section 87 of the legislation.

The judge faulted the collector for issuing the proceedings for correction of survey numbers and classifying the government land as patta land without adverting to the reports submitted by the deputy director of the survey department and the tahsildar of the revenue department.

Justice Bhaskar Reddy said that it was a settled principle of law that when disputes arose with regard to the classification of land or entries in revenue records, the appropriate forum for adjudication was only the civil court. The judge also pointed out that the then collector did not have the authority to classify biladakala land as patta land, or to issue a supplementary sethwar or allot new survey numbers or pote survey numbers in that regard.

The court wanted to examine the issue in depth and directed the state government and private parties who were claiming the land to file their counter affidavits.

Meanwhile, Justice Bhaskar Reddy issued interim suspension on the proceedings No. A3/1567/2022 dated 29.12.2022 and the consequential proceedings No.D2/17/2023 dated 05.01.2023, issued by the then Rangareddy collector.

The judge also directed the principal secretary, revenue, and incumbent collector and private parties to not create any third-party interest, or in any manner alter or change the nature and character of the subject land, until further orders. The judge adjourned the case to June 24.

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What court found

Justice C.V. Bhaskar Reddy of the Telangana High Court, on examining records in a land dispute case, found:

*Then Rangareddy district collector Amoy Kumar, to help a private party, got "biladakala" (no man's land between two revenue villages) converted into private patta land.

*This land parcel of 40 acres is located between Kodankal and Mokila in the prime Shankarpally mandal.

*The land belongs to the government, according to tahsildar in another case on same issue.

*Then collector ignored report of deputy director, survey, who said half the 40-acre land was encroached upon by private parties.

*Then collector directed assistant director, survey, to carry out correction in the Kondakal village map.

*Official directed correction of survey numbers and classifyied government land as patta land, ignoring survey and revenue reports.

*In disputes over land classification or entries in revenue records, appropriate forum is the civil court.

*Then collector not empowered to classify biladakala land as patta land, issue supplementary sethwar, allot new survey number or pote survey numbers.

( Source : Deccan Chronicle )
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