✦ High Court of India · 21 Jan 2025

1. K. Jukya Nayak v. The State of Telangana

Case Details High Court of India · 21 Jan 2025
Court
High Court of India
Decided
21 Jan 2025
Bench
Not available
Length
1,751 words

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of writofmandamus,declaringtheinactionoftherespondentauthoritiesonthe (' Lf representations of the petitioners for granting of pattas to thern under relevant law for the government lands under their continuous cultivation ir sy.No.7.1B of Hanwada revenue, despite there being clear directions from the government on this aspect, as illega{, u nconstitutional and contrary to the princ,ples of natural justice and legitimate expectation and consequently direct the respondents 03 to 05 to take all necessary steps as per the prevailing rules in force including [Vlemo No.44677lAsn.Por 212007-1 , dr..24.og-2007, cclA's Ref .No 82127r2ool dt.06.10.2007and CCLA's Ref No Assn. t(1)/.t074\2OOB, Dt.07.03.20.18 for granting of pattas to the petitioners of Dorri rhanda and sallonipa lly villages, for the respective extents of lands presenfly under their occupation and cultivation in Sy.No.71B of Hanwada revenue village and lVandal. lA NO: 1 OF 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 pkrased to direct the 3rd respondent to expeditiously act upon the representatrons of the petitioners d|.02.O9.2024 in accordance with prevailing rules and regulations. Counsel for the Petitioners: SRI. CH. RAVI KUMAR Counsel for the Respondents: AGp FOR ASSIcNMENT The Court made the following: ORDER 3^r-< or &).. 1^ Ff Sur ii r.r5 HON,BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIO NNo.1510 of2025 ORDER It is stated that the petitioners are the landless poor persons and belong to Scheduled Caste and Scheduled Tribe Communi[y and they are working as agricultural coolies/labour' It is further stated that the petitioners h:rve made represcntations requesting the respondent authorities to allot/ assign the agricultural land to enable them to eke out their livelihood. The grievance of the petitioners is that even :rfter receiving the said representations, the respondent authorities are not considering the same.

2. Considered the submissions of the learned counse I for the petitioner; Icarned Assistant Government Pleader for Assignment appearing for the respondents and r"'ith their consent, this rvrit petition is disposed of at the admission stage' Learned counsel for the petitioners has vehemently 3. contended that since the petitioners are not having any land' it is the duty and obligation on the part of the State under the Directive Principles of State Policy to provide livelihood more particularly to the persons hail from below poverty line and keeping in view of the said object, various guideline-s-have be-en 2 . ru, rrt,J?[ii issuecl b1- the (iovcrnmenL as per the prouisions of the Tclangana Land Revcnue Act, 1317 Fasli and also the policy enunciatecl in G.O.Ms.No.l406, dated 25.07.195,8. Leanted counsel furtht_.r submits that the unoccupied lancls vesttrd in the State as pcr the provisions ol the Telangana L,and Reforms (Ceiling on Agricultural Holdings) Act, I9T3 are m,)ant for assignment r,o the landless poor pcrsons in terrns of thre policy guidelines issued by the Govcrnment from l_irne trr time. Learned cotrnsel for thc petitioner further submir.s that respondent No.3-tl-re District Collector, duly taking into consideration of thc eligibility and entitlement of the petttioners for allotmen t of various cxtents of land, has adclresscd a letter No.Rcv/E1/OOO3 I 2O22-E-23883, dared 23.O4.2024, idcrtifying an extenL ol'Acs.633.c)6 cents as land belonging to the R:venue Departmcnt erfr er cxcluding the extent fell under lhe lileservc Foresl Al ca silrrated in Sy.No.7 i13.

4. Lcarned Assislar.rt Govcrnment plcadcr Ior ,{ssignment appearing for the respondents hzrs. submittcd that as per Iihasra Pahani 1954-5.5, tl're lancl in S-y.No.71B consisting of total cxtent of Acs.3174.30 guntas is classified as Mahasura (Forest Land) situ:rtcd rvithir-r thc lir-nits of I{ansu.ada Village and Nlandi.rl and since rl'rc said c xte. L of rand come s under the Rescrve :rorest 3 cvur(. J Wp 1510,102-5 Area belonging to the Forest Department, the same cannot be assigned until and unless the land is de-reserved by thc competent authorities as Per law.

5. In vieu, of the above submissions, this Court, rvithout cxpressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition directing lhe respondenl authorities to examine the entitlement of the petitioners lor allotment/assignment of the land available in Hanwada Village and if the petitioners eligible for considering their cases strictly in accordance with the policy guidelines which are in force as on date, pass appropriate orders on the re presentations, dated 09.Oa.2O24 and communicaLe the clecision thereon to them within a period of four (O4) months from the date of receipt of a copy of this order'

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. 7 As er sccluel, the miscellaneous petitions pending, if any, shall stand closed ,TRUE COPY// SD/-MOHD. ISMAI ASS ISTANT REGI \ CTION OFFICER To, 1 The Principal Secretary, Revenue Departmenl Dr-B'R' Ambedkar Secretariat AuilOings, The State of Telangana' HyoeraDao @L \

2. Chief Commissioner of Land Administration, Telangana State, Nampally Station Road, Opp. Annapurna Hotel, Abids, Hyderabad 3. District Collector, IVlahabubnagar District, h,4ahabubnagar 4. Revenue Divisronal Officer, Mahabubnagar Division, Mahabutrnagar 5. District Forest Officer, Mahabubnagar District, Mahabubnagar 6. Mandal Tahsildar, Hanwada mandal, Hanwada, lvlaliabubnagar District 7. One CC to Sri CH. Ravi Kumar, Advocate [OPUC] B. Two CCs to GP for Assignment, High Court for the State of Tr'rlangana, at Hyderabad [OUT]

9. Two CD Copies TJ GJP HIGH COURT ,, DATEDt21l0112025 oFT L ,:\ . ,i, n.( (.? * o \.-) "$$ '/aj j,r o ORDER WP.No.1510 of 2025 t t DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ /---'

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