1 Kethavath Laxman v. 1. The state of Telangana

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction one more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in attempting to acquire the lands of the Petitioners to an extent of Ac.2-00 gts in sy. No. 2811 situated at Jukal Village, Narayankhed Mandal, sangareddy District by illegally dispossessing the Petitioners for establishment of Govt. lndustrial Training lnstitution (lTl) in the above subject property as illegal, arbitrary and against Principles of Natural Justice, violative of Articles 14, 19,21 and 300-4 of the Constitution of lndia and consequently direct the respondents not to cause any type of interfere or illegal dispossession and enjoyment over lands an extent of Ac.2-00 gts in Sy. No. 2811 situated at Jukal Village, Narayankhed Mandal, Sangareddy District --,r+L_=; IA No:1 OF 2025 petition under S( in the arridav*;;;,".::l:*.lsr cpc prayins th direct the respondents .'llon and enioymen, oru. ,urllto Jukar virrase, rvrruyrnrl due process or Law. "rr,rr" "r', ";;;;-;;'rt"rfere treo rr'ranoar, ;.;;"r:;t" or ft'u p"tition,';;'"t an extent stated in the circumstances High court may be pleased to or i/resardispossession in Sv No 2Bl1 situated at District without following the Counset for the petitioner counset for the Respono.t'"*'' rhe courr made the PALLE 'RIHARINATH REVEN,E ";;:, ;:j."J (t. THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.316 of 2o25 ORDER: This writ petition is filed with the following relief:- "...ro issue anA appropnate wiL order or direction one more particularlV one in the nature oJ Wit of Mandqmus declaing the action of ttle Respondents irl attempting to dcquire the laads of the Pctitioners to an extent of Ac.2 OO gts in SA.N1-28/ 1 siluated at Jukal Village, NaraAankhed Mandal, Sangareddg DAtrict bg iLlegally dispossessrngr the Petitioners for establishment of Gout.Ind.ustnal Training Institution (ITI) in the aboue subject p.opettg as iLLegaI, arbitrary ctnd. against Pinctples of Naturdl Justice, uiolattue of Articles 14, 19, 21 and 300A oJ tlw C-an-stitution of India and consequentlg d.tect the respondents not to cause dnA tApe of interkre or illegal d/spossassto n arld eijoAnLent ouer lands an exteat of Ac.2 OO gts in SA.N1.28/ 1 situdted qt Jukdl Viltage, Naragankhed MandaL Sangaredd.y District and. pass s.!ch other order or orders as th.e Hon'ble Court maA deem fl and proper in the ctcumstances of the case"

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3. It is stated that the petitioner's father was assigned the land to an extent of Ac.02-00 guntas in survey No.28/ 1, situated at Jukal Village, Narayankhed Mandal, Sangareddy District vide patta No.A3/888/79, as per the policy enunciated by the Government in G.O.Ms.No. 14O6 dated 26.07.1958 read with G.O.Ms.No.1724, dated 26.03.1959. It is further stated that as per the terms and conditions of the assignment, the lands assigned shall be brought under direct cultivation within three years from the date of the assignment. It is further stated that the petitioner has not been ) CVBR..I wp_316 2025 issued the pattadar passbooks and title deeds even though as per the provisions ol the ROR Act, lgTI and rules made thereunder, the assignees are entitled for issuance of the pattadar p:rssbooks and title deeds.

4. The grievance of the petitioner is that the respondents without issuing any notice and without following the procr:dure as contemplated u nder the provisions of the Telangana Assigned Lands (Prohibition of Transfers) Act, l9ZZ, are making efforts to dispossess the petitioner, to acquire the said property.

5. Learned Assistant Government pleader appearing for the respondents vehemently contended as per the policl. laid clown by the Government in G.O.Ms.No.14O6, dated 26.O7.IgSg, the assignees are entitled to cultivate the lands and bring the land to cultivation u.ithin a period of three years from the daLe of assignment. Learned Assistant Government pleader further submits that even though the alleged assignment is in the year 1979, the petitioner has not obtained the pattadar passbooks and after 50 years he is claiming that he is an assignee of the sairl land, in the absence of issuance of the e-pattadar passbooks.

6. As per Secrion 4 of the ROR Act any person acquiring by succession, survivorship, inheritance, partition, Govcrnment patta, J CVBR. J wp 316 2025 decreeofaCourtorotherwiseanyrighcaS'owner,pattadarofa Iand and any person acquiring any right as occupant of a land by any other method, has to inform the concerned Tahsildar for acquisition of rights and has to obtain the pattadar passbooks' T.Soonafterthe,assignmentismade'aspertheprovisionsof the Telangana Rights in Land and Pattadar Passbooks Act' 197i and the rules made thereunder, assignees are entitled for issuance of the pattadar passbooks and even when the Government has I I petltloner or under the introducedthelandrecordsupdationprogrammein2o16-17,the the Pattadar has not taken steps for obtaining as per the provisions of the Act' 1971 passbooks, provisions of the Telangana Rights in Land and Pattadar Pass Books Act 2020. Since all these years' the petitioner has not obtained any pattadar passbooks .or title deeds to establish the possession over the subject land' which is alleged to have been assigned in his favour and the petitioner at this length of time is not entitled for any relief The present writ petition filed by the petitioner is misconceived and liable to be dismissed'

8. Accordingly, this Writ Petition is dismissed However' if the petitioner has any document in support of his claim as assignee and in possession of the subject property' he is at liberty to make 4 CVBR, J \w 316_7025 appropriate application and seek compensation, in accordance with law. No order as to costs As a scquel, the miscellaneous petitions, if any, pending in ihis writ petition shall stand closed. //TRUE COPY// SD/-P. PADMANABHA REDDY REGISTRAR ASSIST ?N S d6 TION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings, T.S.,Hyderabad. District.

2. The District Collector, Sangareddy District at Sangareddy. 3. The Revenue Divisional Officer, Narayankhed Revenue Division, Sahgareddy

4. The Tahsildar, Narayanakhed Mandal, Sangareddy District. 5. One CC to SRl. PALLE SRIHARINATH, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies B B M S HIGH COURT DATED:0610112025 ORDER WP.No.316 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS { .+r. STAI-€ ,. \L t ,.) k!. 2I FrB 2U5 v z o ,JJ -k ,,rL-- w