The High Court · 2025

Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to produce before this Hon'ble Court the records in file No. B/S100/05.

1.A. NO: 4 OF 2008(wPMP. NO:24086 0F 2008) Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant interim directions directing the Respondents not to dispossess the petitioner from 5 acres of dry land in survey No. 'r 32 situated at Rudraram Viilage, patancheru Mandal, Medak District Counsel for the petitioner: SRI MUTHYALA MURALIDHAR Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No. 18503 of 2OO8 ORDER: This writ petition is hled questioning the action of the respondent No.4 in cancelling the frnal patta certihcate dated 2O.Og.lgg7 issued in favour of the petitioner in respect of Ac'5-00 guntas of dry land in Sy.No'132 situated at Rudraram village' Patancheru Mandal, Medak District'

2. Facts of the case stated in brief are that the petitioner submits that he is an ex-serviceman and a pensioner fiom the Indian army and in recognition of his service' the Government of Andhra Pradesh assigned Ac'5-00 guntas of dry land in Sy'No'132 situated at Rudraram village, Patancheru Mandal' Medak District vide proceedings of the respondent No'4 dated 2O'O9 '1997 and accordingly a frnal patta certificate was issued in favour of the petitioner. It is further case of the petitioner that he has developed the said land and the 4th respondent issued title deed document No.62O and pattedar pass book in respect of Ac'5-00 guntas in the subject property' It is further submitted that in the year 2O08' the staff of Respondent No'4 orally informed the petitioner that his patta was cancelled by the respondent No'4 vide proceedings No.B/5100/05 dated 2A'12'2OO5' The petitioner further submits J,.-. 2 \ that responde. *o'o after granting patta in the yezrr 1997 i.e., after " rapse of ,, years without putting notice or offering any opportunity of hearing to the p"titil n"" cancered the said patta. Thereafter, by continuous o:""a t"tt"tot of petitioner, the respondent No.4 issued a memo 0., 13'08'2008 stating that record in fiIe No.B/51o0/05 -irabre with them. petitioner further submits that the caacelration rn" patla witrrout issuing any notice is arbitrary, i[ega.r and ,r, ,rr ioration of the principrr - .-r Lrrc prtnctples of natural justice. Or ra-+.i^_- . euestioning the same, the present writ petition is fired. is .,o, .ur"o _ of the respondent been filed on b Manda-l f Government land "'"n" b""' gt"t't"d i" f has never "uti'atua :ted the conditions o' t. 'o'on"uo" '"t " srtuated at '"':;t^,:],:r-:,,::',::t of petitioner However' the since from patta certificate nt' the saici land was anrJ

3. A counter No'4lThahsildar, Ac'S-oo guntas oPatancheru Rudraram Virage proceedings No.B/ assignee/peti ,ron.r""'97 assigrrment condition" and violz due to the violation resumed back to dared 28. 12.2oosur,o'"t'-"r, submirted that on ,".,ii^-1""*'n* petitioner has not o.o.,'""t'o' "rf of assigned ]a,,c ght the jancr into "rr,rr,, ,:::t:::::t rt rs lurther it is found that the ation since from the o, ^"'*"ne ,ia. o.o""., due ,'.":[:. -' ,/ 3 date of delivery till the date of resumption of land into the Government estate. Along with copy of counter respondent No.4 has also hled certified copies of pahanies. 4 . Subsequently, as per the instructions of the District Collector, Medak/respondent No.2 vide letter No.E2l2O93l2OO7 daled 24.06.20O7 that the Government land to an extent of (88-OO) acres including this (5-00) acres has been handed over to the Dy.E.E, Housing Board, Hyderabad under proper Panchanama on 29.06.2007 which was a'lso approved by the Government and issued G.O.Ms'No' 1383, Revenue (ASN-lV) Department' dated 26.10.2007. It is further submitted that at present the lands are under the custody of Housing Board' It is submitted that earlier the said lands were assigned 5. under Ex-serviceman quota to five persons and on physical verification of the said lands by the held staff during the year 20o5' the above persons were not in physicar possession since from the date of assignment and due to the violation of the assignment conditions laid down in G'O'Ms'No'743 dated 3O'04'1963' the landswhichareassignedtothepetitionerwasresumedin favour of the Government by following due procedure and at present the said lands are in custody of Housing Board' 'i 4

6. Heard both sides and perused the record, ANALYSIS ANDCONCLUSION: 7 ' The learned counsel for the petitioner submits that the respondents have not issued any notice qnabling the petitioner to respond and without giving any opportunity straight away cancelred the patta. Learned counsel further submits that Respondent No.4 had suppressed the notice and order of cancellation and had not followed the principles of natural justice. 8. Learned Assistant Government pleader submits that it is not ohrr, _r^ , petitioner lands four Iands under ex-servict -'." r rc.uer appearing for Revenue onl'y the case of the petitioner a,,d along with of other ex-serrriceman' who v'ere assignecl .::" :'"."* l.O.Ms.No.743, resumed on '[he ff:;.;' ';" ;;;1". 9. On a perusal of the vide proceedings portion is extracted hereun :FI No.BrzS Iinal patta certificate issued by the 572/97 dated 2O.O9.lgg7 the r der for better understancling I E.ICATE TO EX In accordalce dated 3o.o4.1963 the Gov situated in vil lage Rudr hereby assi H},derq6.4. CEMTN: rules opted in G.O.M s.No.743 ern&ent Lands specrfi ed be,low Patancheru ri K.S.Su,am gned ro S Mandal of the M.R.O e.levant CASC: L S/o K. NarSIrT U.Iu, R /o v 5 The grant of li to the fouowi"-T};::: this paragraph wir be ld not be sold or other alienatec[ for :,1j.", 1. Land assigned shoui a period of(10) years. NOTE:_ The lands a Government or to a may be mortgaged to the ":"r*""0 "ffiil4*;fu 1.:T:T ff[:;. :Tr,":,,,1: the loans for development of lands. The loan ,, ;o:1"'"* iesstha,,.o"o",o,""*::::1il"::;:l"T:::"H:::T the land. No prior permission of the Government is necessary for such Mortgage. 2. Land assigned shall be brought under cultivation withih 3. Cultivation shall be by the assignee o r members of his family or with hired labour under th e supervision of himself or a member or his family. NorE:- For breach op any of the above conditions, the land is liable for resumption.,. 3 years.

10. The Mandal Revenue Officer vide proceedings No.B/S 577/gz dated 20.09.97 iisued orders stating that earlier Ac.5_0O guntas of land has been assigned to the petitioner in Sy.No.578. pp of Rudraram village vide office patta certificate No.C/gg2/gB dated 1 1.08.88 but in view of the objections of the villagers stating that the land is adjacent to village ad is useful for house site and other public use, an extent of Ac.6-0o guntas of rald in same survey number has been allotted. to play ground, of Z.p.H.S. Rrrdranarn and \i I I : i \l\t 6 that there is no lald available for agriculture purpose' Based on the petition of Sri K'S'Swamy to al1ot some land alternativeiy' upon which respondent No'4 has accorded permission to assignee to an extent of Ac.5-00 guntas lald in Sy'No 132 PP which was already resr.rmed in favour of Government. Accordingly, the said Ac'5-00 guntas of land in the Sy'No '132 PP of Rudraram village is assigned to the petitioner subject to the conditions laid down in the assignment rules mentioned in the patta certifrcate'

11. In the counter hled by respondent No.4, a notice dated

17.17.2OO5 was issued to the petitioner stating that the said lands have been assigned under the provisions of ex-serviceman quota for agriculture purpose. However, the petitioner has not brought the land to effective use and is not cultivating since many years as such it rvas observed that the petitioncr/ assignee was not interested in these lands which shows that the drssignee has violated the conditions laid down under the patta certificate issued to him earrier and observed that the petitioner has viorated the assignment rures prescribed and show cause notice was given. Thereafter, vide order dated 23.t2.2OO5 resumption orders were i orders, it was herd ,^;":::':^.:::ers and in the sard ;::ffi;:*i" ::; # :::,:: ::jr rssued earlier for violation of condition of D_ were jssued 7 Form and Assigrr i: ::.#.",:;'Hi:;' that the p"tition.t whereabouts *" ;t kept on the assign been compried and expranation. address' Revenue is not residing u' known *a u""otaioRudraram nodce was arso pubrished u"'"*" for non-availability o"o"llot has also reported "o virage and his the notices have been lands and "'u"ul suffi cient t'"'"' ;;t'""::;]ffi; "n"."uo""o"e the said lands havt * ravour "r^":,:""::::*": Lnder the vioration of the Government u conditions laid down in G.o.Ms.No.743 dated ao oo ,"_*^"-ent 163 and the Revenue Inspector I and II and Vilage Secretary were directed to take possession of the subject lands under proper panchanama report compliance. Thereafter, the District Collector, Medak vide letter No.El/2093/OZ dated 24.06.2OO2 has informed the Thahaildar, patencheru for halding over of advance possession of certain Governmen t Iands in favour of A.p.Housing Board, Hyderabad. In the said survey number an extent of 88-33 gunras at Rudraram vilrage patancheru Mandar was arso included in the said list directing the concerned Thahsildars to harrdover physical possession over the Government land to the representatives of the A.P.Housing Board, Hyderabad immediately and report compliance. 1 8

12. The respondent No.1 has issued G'O'Ms'No' 1383 dated 26.10.2007 for alienation of certain Government lalds to an extent of 895.05 acres in favour of Deccan Infrastructure and Land Holdings Limited, Hyderabad on payment of market value. The said G.O.Ms.No.1383 dated 26.10.2007 was passed based on the report of the Collector, Medak wherein advance possession of the lands were handed over to the A.P.Housing Board on behalf of Deccal Infrastructure arld Land Holdings Limited, Hyderabad as decided in the Empowered Committee meetings held on 16.12.2006 and, 27.11.2006 and that the District colector, Medak has submitted regular alienation proposals of the said iand in fa'our of Deccarr Infrastructure ald Land Holdings Limited, Hyderabad on payment of market value and the Government has ordered for arienation of the Government land to an extent of g96.O5 guntas in favour of Deccan Infrastructure and Land Holdings Limited, Hyderabad on payment of market value. In the said G.O.Ms.No.1383 dated 26.IO.2OOZ4, the land situated in Rudraram village of patalcheru Mandal in Sy.No. 132 to arr extent of gB_33 guntas is also included. In the counter filed by the Thahsildar, patancheru, a copy of the c.o.Ms.No. 1383 dated 26.1O.2OO2 is filed. -13. Along wjth the co wherein it is stated that a copy of pah the land of Ac'S-oo anres haye a.lso been filed., Brrn tas i, SY.lVo. 132 *o" \ L 9 shown as Government land and recorded as Karizkhatha and the name of the petitioner has been rounded of and the said proceedings were endorsed by the Mandat Revenue Ofhcer, Patancheru vide Proceedings No.B/ 5 1OO/ O5 dated 28.12.2005'

14. As per the fina-l patta certihcate issued to the petitioner dated 2O.Og.Igg7 , Clause No.2 clearly specifies that the land assigned to the petitioner should be brought under cultivation by the assignee within a period of 3 years. However, as per the resumption order dated 23.12.2005 and as per the report of Revenue Inspector-l' II of Patancheru, it appears that the petitioner was not cultivating the said lands and is not in possession over the land since long time ald that the assignees were reported as not residing in the Rudraram village also.

15. ln view of the aJoresaid facts and circumstances of the case there is no evidence placed before this Court to substantiate that the petitioner was cultivating the said lands and no reply is frled denying the resumption proceedings in support of petitioners clarm that he is in possession of the subject land' That apart as the District Collector, Medak vide letter No'Ef /2093/07 dated 24'062oO7' the subject land has been handed over to the representatives of A.P.Housing Board' who are also not made as parties to the writ petition. l0 16' In view of the foregoing discussion the rights of the petitioners on the subject property cannot be decided on Afrrdavit at this Juncture a,,d the petitioner is not entitled for any rerief sought in the writ petition' the writ petition is devoid of merits and is liable to be dismissed and is accordingly dismissed. No order as to costs. 17. It is also made clear that this court had not expressed any opinion on the merits of this case to the extent of Title, Rights arrd Possession of the parties on the subject property. The.petitioner may seeks appropriate remedy as available un ' under law, if so advised. pplications' if any pending, shail stand "rrri".ra:" Miscellaneou" ,:'"t" crosed. //TRUE COPYII i'$3,iRlttffiSHNA I TRAR to sri Muthvara Muraridhar, -::::: ,i[.""g?: ji"g.iri"r Revenue, fwo CD Copies His h c SECTI /, 9N OFF,CER Advocate IOPUCJ ourt for the State of Telangana, To, 1 2 3 TJ LS \f-' HIGH COURT DATED:13 t0212025 I i .-,. ii ,--1 q i4 :tj ) .a$ s* (s C ORDER WP.No.18503 of 2008 DISMISSING THE WRIT PETITION WITHOUT COSTS / D.l \5