High Court · 2025

Judgment

6. F^t?!g: of Telangana, represented by its principal Secretary, Revenue (Assrgnment) Department, Secretariat, Hyderabad. The District Collector, Adilabad District, Adilabad. The Revenue Divisional Officer, Adilabad. - The Tahsildar, Mavala Mandal, Adilabad District. The Executive Engineer, MB lntra Division, Adilabad. Kodapa Sonerao, S/o Maru, Age.48 years, Caste. Kolam, Occ. Kolam Seva - - - Sangam President, R/o.Addagufta (v), Jainath (M), Adilabad District. - ...RESPONDENTS

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to declare the proceedings bearing No.pl g.l/162lcBF-ADBI2)24-25, Dated 26-12-2o24 of the 2nd Respondent whereby sanctioning funds for providing water facility to sc/ST community Land of Survey No.21 in KRK colony of Adialabad without identifying the land and thereby allowing it it be done in the land of the petitioners in Survey No.2'll36, 21t37 and 21t38 to an extent of Ac.15.00 as illegal, arbitrary and unjustified by issuing appropriate writ, order or direction more particularly in the nature of Mandamus and consequenfly direct the Rbspondents not to lay any borewell in the land of the petitioners i.e., Survey No.21136,21137 and 21138 to an extent of Ac.15.00 situated at Dasnapur village of Adilabad District. lA NO: 1 OF 2o25 Petition under section i sl cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court rnay be pleased to suspend the proceedings bearing No.plg.r/162/cBF-ADBt2o24-2s, Dated 26-12-2024 of the 2nd Respondent pending disposal of the above writ petition. Counsel for the Petitioners: SRI K.RAMA SUBBA RAO Counsel for the Respondent No.1 to 5: Gp FOR ASSIGNMENT The Court made the following: ORDER THE IIOIT'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITIO N No.515 OF 2025 ORDER: This writ petition is filed for the following relief:- '...to dedare the proceed.ings bearing No-plg-I/ )62/CBF-ADB/ 202+25, Dated 2G12-2O24 of the N responlent wfLerebg sdnctioning funds for providing uatet focilitg to SC/ ST Communitg Land of glrueg No.2 j in KRK @long of Adilabad uithout identifAing tle land. ond. therebg dltowing it be done in tfle bnd. of the petitioners in S,M)eg No.21/ 36, 2 t / C7 dnd 2 t / 3a to an extent oj Az.Ii.OO as illegal, afuitrary ond unjustifud bg i.ssuing appropiote writ, ordet or diredion more prtiatlarlg in the iAte if Martdarwa and cunsequentlg direct the respoftdents not to lag orlg boteuell in the ldn-d oI the petitio^ers i.e-, Surueg No.2t/36, 21,/32 arLd 21/38 to an ene of AC.I'.OO situated. at Da-snalrur uiloge of Adilabad Di.strid. ond. to poss such oth.er ord.et or orders q.s thjs Hon,btE Coutt mag deefiS rtt just and proper in the circtmstances ol tle 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 petitioners and one Lanka Ashanna are poor harijans and their forefathers are Sivaijamadars in respect of land admeasuring Acs.5.00 gts., each in Survey Nos.2l/1, 2L/36, 2l/37 and 21/38 situated at Dasnapur Village, Adilabad District as per the revenue records from 1950-51 onwards. It is stated that the total rakba of Survey No.21 is more than Acs.40O.O0 and after preparation of sub-division records, an extent of Acs.s.Oo gts., forming part of Survey Nos.21/37 and 2l/38 was assigned in favour of the petitioners. It is further stated that earlier when respondent No.4 initiated action under the provisions of the 2 CVBR, J w_515 2025 Telangana Assigned Lands (prohibition of Transfers) Act, lgZZ (for short 'Act 9 of lgzz) for cancerlation of the assigrrrnent uid.e order dated I l.O6.tgZS, the petitioners frled Wp.No.l3g0t of 19g7 before this Court and the said writ petition was disposert of uid.e order dated l9.Ol. f 99O directing respondent No.3 to treat the representation made by the petitioners as appeal zLnd dispose of the same within two months, but the said representation was rejected by respondent No.3. Aggrieved by the same, Iiled an appeal before the Administration and the same 09. 10. 1998 and remanded the matter for de nouo District Collector, Adilabad by setting aside the petitioners Chief Commissioner of Lald was a_llowed uide ord,er dated, errqurry to the

11.06.1975. crder, dated It is further stated that respondent No.l) upheld the order of cancellation made on I l.06. lgZS uide c,rder, dated 26.12.1998 stating that the assignment is irregular. Aggrieved by the said order, the pefitioners Iiled appeal before the Chief Commissioner of Land Administration and the sarne was dismis.sed uide order dated. 22 .O3.2OOO .

4. Aggrieved by the said order dated 22.O3.20OO, petitioners preferred W.p.No.6g46 of 2OOO before this Court and the. same was dismissed by order dated O4. I l.2OOg Against the said order, the petitioners frled W.A.No.394 of 2OO9 and the said appeal was 3 CVBR, J wp 515_2025 allowed by a Division Bench of this Court on 23.03.2O17 and set aside the orders of the learned Single Judge and con-firrned the assignment gralted in favour of the petitioners. euestioning the orders of the Division Bench, the State filed S.L.p. in Dairy No.2793O of 2018 on the file of the Honble Supreme Court and the same was dismissed uide orders dated 20.08.2018. It is further stated that even after dismissal of the S.L.p. filed by the State, at the instance of some of the villagers, the respondents are frequently interfering with the land forming part of Sy.No.21/37 and, 21 / 38 and are making efforts to forcibly disposse ss the petitioners arrd also digging a bore well in the said land.

5. . It is settled law that if the State is required of any of the assigned Iands for public purposes, the State has to initiate proceedings under the Land Acquisition Act, and pay compensation to the land losers on par with the pattadars as decided in terms of the judgment of the full bench of this Court in LAO-c,um-RDO, Cltcuella Diuisio4 Doma.lagud.a. Hgd.erabad a. Iekala Pandur. Aggrieved by the judgment of the full bench of this Court, the State filed an appeal on the file of the Honble Supreme Court. The judgment of the fuII bench of this Court has been confirmed by the Hon'ble Supreme Court, wherein it is stated I zooelzl *o +st 4 CVBR, J w_515 2025 that 'the assigrrees are entitled to compensation on par with pattadars of the land'. For any reason, if the State comes to a conclusion that the assignment of the land is in riolation of the conditions, they have to follow the procedure as contemplated under the Act, 1977 . Since the earlier proceerlings initiated against the petitioners are found fault by the Division Bench of this Court, the respondents are not having any right trt take forcible possession of the petitioners land forming part of Sy.No.2l/37 and 2l /38 in any marner.

6. karned Government pleader for Assignment vehemently contended that the respondents are proceeding to dig a bore well in the land which belongs to others than the petitioners and disputed that the petitioners are in possession of the sub-dMsion survey numbers. 7 . To put a quietus to the litigation, the res pondents are directed to prepare a sub-division record for Sy.Nos.:21/36,2L/32 and,2l/38 ald thereaJter, if it reveled in the inspe<:tion that the petitioners' land was not utilized for the purpose of digging of bore well or for Government purpose, the respondents are entitled to proceed and if in any m€rnner, the petitioner,s land is effected by digging of bore well, and as it is stated that the said land has been allotted by the District Collector, the District Collector is directed to 5 CVBR, J wp- 515 2025 initiate the proceedings under the provisions of the Land Acquisition Act for paJrment of compensation for the land lost by the petitioners.

8. With the above observations, this Writ Petition is disposed of. No order as to costs As a sequel, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/.N. SRIHARI ISTANT REGISTRA SECTION OFFICER To, 1

7. n ) Department, Secretariat, The Principal Secretary, Revenue (Assign Hyderabad, State of Telangana' The District Collector, Adilabad District, Adilabad' The Revenue Divisional Officer, Adilabad' The Tahsildar, Mavala Mandal, Adilabad District' The Executive Engineer, MB lntra Division' Adilabad' One CC to SRI K.RAMA SUBBA RAO, Advocate [OPUC] Two CCs to GP FOR ASSIGNMENT, High Court for the State of Telangana at Hyderabad [OUT]

8. BSR GJP Two CD CoPies Y{- -::--- HIGH COURT DATED: 0710112025 ORDER WP.No.515 ot 2025 h ;\!,^.'.1. oR 1HE o 'J 10 Jtlt,l 2m '(a' c. * c * Fg.,.. -c\-lf o :=--> DISPOSING OF THE WRIT PETITION, WITHOUT COSTS $ ."P(*b X4{ d-'