✦ High Court of India · 09 Jan 2025

High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Bench
Not available
Length
1,054 words

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 issue an appropriate Writ, order or directlon more particularly one in the nature of Writ of Mandamus, declaring the inaction of respondents in granting assignment patta to the petitioner in spite of petitioner's name included in list of beneficiaries for re-assignment of lavani patta to eligible poor farmers prepared by the respondents, as illegal arbitrary and in violation of principals of natural justice and also in violation of Constitution of lndia and consequently direct the Respondents authorities to grant assignment patta to the petitioner herein for lands in Sy.No.11/12l8 admeasuring Ac.3-00 gts., and in Sy.No.19/EE admeasuring Ac.0-20 gts., of Gundeboinagdem Village, Palakeedu Mandal, Suryapet District in view of beneficiary list of for re-assignment of lavani patta to eligible poor farmers as expeditiously as possible. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Official Respondents to consider the representation dt.24.12.2024 submitted by the Petitioner, pending disposal of the present Writ Petition. Counsel for the Petitioner: SRI MOHD BASEER RIYAZ Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.9Ol of 2O2S ORDER: This writ petition is filed seeking to declare the inaction of the respondents in granting assignment patta to the petitioner in spite of petitioner's name included in the list of beneficiaries for re-assignment of laoni patta to the eligible poor farmers prepared by the respondents, AS illegal, arbitrary and consequently prayed this Court to direct the respondents to grant assignment patta to the petitioner for lands in Sy.No. II / 12 /8, admeasuring Ac.3.O0 gts., Sy.No.L9 lEE, admeasuring Ac.0.2O gts., situated at Gundeboinagudem Village, Palakeedu Mandal, Suryapet District in view of beneficiary list for re-assignment of laoni patta to eligible poor farmers.

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

3. It is stated that the petitioner belongs to Scheduled Tribe and he is the owner and possessor of land admeasuring Ac.3.O0 gts., in Sy.No. 1I/12/8, Ac.O.20 gts., I 2 CVBR, J wp 901 2025 Sy.No. 19/EE, situated at Gundeboinagudem Village, 111 Palakeedu Mandal, Suryapet District, having acquired the same through simple sale deed. It is further stated that the land admeasuring Ac.3.OO gts., in Sy.No.11 was assigned to Nagulavancha Vupendra and land admeasuring Ac.1.23 gts., in Sy.No.19 was assigned to Pillutla Jayanthi by virtue of Assigned Patta Certificate No.B/6221 /2OO7, dated 19.01.2008. It is further stated that Nagulavancha Vupendra and Pillutla Jayanthi have sold their lands to an extent of Ac.3.OO gts., in Sy.No.11 and Ac.0.2O gts., out of 4c.7.23 gts., in Sy.No. 19 jointly to the petitioner. It is further stated that the Tahsildar has issued Notice under Rule 3 of the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977 directing the petitioner to submit explanation within 15 days for purchasing the said assigned lands in violation of Section 3(2) of the Act and pursuant to the said notice, the petitioner approached respondent No.4 and requested to re-assign the said lands to him. In pursuance of the sarne, an enquiry was conducted and the respondents prepared list of beneliciaries for re-assignment of laoni pattas to eligibte t ., CVBR, J Wp_901_2025 poor farmers, wherein, the petitioner,s name was included at Sl.No. 19. The case of the petitioner is that when the petitioner approached the. respondents to implement the said list, they refused to implement the same stating that there is no provision for granting assignment pattas under the new system. The grievance of the petitioner is that when the respondents did not take any steps, in spite of several requests made by him to re-assign the said lands and gralt assignment patta certificate, he made a representation dated 24.12.2024, however, no action has been taken thereon so far. Hence the writ petition.

4. Having regard to the facts and circumstances of the case, this Court without expressing any opinion on the merits or demerits of the case, as it is stated that the petitioner was in possession and cultivating the said lands, and his name is also included in the list of beneficiaries for re-assignment of laoni patta to eligible poor farmers, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to examine the representation dated 24.L2.2O24 submitted by the petitioner and pass appropriate reasoned order in , I 4 C\TBR, J \Vp 901 2025 accordance with law and communicate the same to the petitioner, within a period of three (03) months from today.

5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR I SE TION OFFICER To

1. The Principal Secretary, Revenue Department, Secretariat, Tankbund' Hyderabad, Telangana, State of Telangana -500063. 2. The District Collector, Suryapet District, Telangana. 3. The Revenue Divisional Officer, Palakeedu Mandal, Suryapet District. 4. The Tahsildar, Palakeedu Mandal, Suryapet District. 5. One CC to SRI IVOHD BASEER RIYAZ, Advocate IOPUCI 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

7. Two CD Copies PSK. GJP c. <y \ - HIGH COURT DATED:0910112025 ORDER WP.No.9O1 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS cg.'t^4 W ( 11;' k f 3 04FrB 2025 * s ( *

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