✦ High Court of India · 04 Feb 2025

One CC to SRt v. SEETHARAMA AVADHANi AOvocaie iOpU

Case Details High Court of India · 04 Feb 2025
Court
High Court of India
Decided
04 Feb 2025
Bench
Not available
Length
1,443 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 a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the 4th respondent in passing the proceeding No 2300737317 dated .1411212023 in respect of land admeasuring extent of 85.2200 guntas situated at Munidevunipalle village, Kondapur Mandal, Sanga Reddy District as illegal, arbitrary, and violative of Articie 14 and Art.300-A of Constitution of lndia apart from being violative of principles of natural .justice and consequently set aside the orders passed by 4th respondent in proceedings No. 230073731 7 dated 14112123 till proper survey is done to fix the boundaries in respect of Ac. 85.220 Gts. situated at Munidevunipalle village, Kondapur Mandal, Sanga Reddy District. lA NO: 1 OF 20?5 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 suspend the proceeding No. 2300737317 dated 1411212023 passed by 4th respondent in respect of land admeasuring extent of 85.22OO guntas situated at Munidevunipalle village, Kondapur Mandal, Sanga Reddy District. Counsel for the Petitioners: SRI V. SEETHARAMA AVADHANI Counsel forthe Respondent No.1 to 4: ASST. GP FOR REVENUE Counsel for the Respondent No.5 & 6: - - - - The Court made the following: ORDER // // I HON'BLE SRI JUSTICE C.V. BHASKAR RDDDY WRIT PETITION No.2O74 of 2025 ORDER This Writ Petition is hled praying this Court to declare the proceedings No.2300737317, dated 14.12.2023 issued by respondent No.4, for granting permission for conversion of the land to an extent of Acs.85.2200 guntas, situated in various survey numbers of Munidevunipalle Village, Kondapur Mandal, Sanga Reddy District, from agricultural to non-agricultural purpose as per the provisiotrs of the Telangana Agricultural Land (Conversion for Non Agricultura-l Purposes) Act, 2O06 (for short "the NALA Act") as illegal and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that petittoner No.l is the owner of land admeasurlng Ac.1.2OOO gurtas in Sy.No.125/A6, Ac.1.11OO gutrtas irr sy.No. 122lAAl, Ac.O.2OOO gurtas in Sy.No. 123/AA/2, Ac.O.22OO gUtltas in Sy.No.125/A1, Ac.1.2OOO guntas in Sy.No.125/AA, Ac.1.O2OO guntas in Sy.No.125El2, petitioner No.2 is the owaer of land admeasuring Ac.1.OOOO guntas in Sy.No.1O2lA5, Ac.O.27OO guDtas in Sy.No.105/U/ 1 12, Ac.2.L3OO guntas iu Sy.No.1O5/U/2' AC.O.2OOO gurtas ln Sy.No.123/A/2, Ac.1.O2OO guntas ln Sy.No.125lE3, petitloner No.3 is the owner of l.and admeasuring Ac.O.27OO guntas ir Sy.No.1O4lO5, Ac.1.1OOO guntaa in Sy.No.1O5/U/ 1/ 1, petitloner No.4 ls 2 CvB&J Wp 2074_2025 the owner of land admeasurirg Ac.1.25OO guntas tn Sy.l{o.1O1/A/ 1, Ac.5.25OO guntas in Sy.No.1O6/A, petltioner t{o.S is the ovner of land adneasuring Ac.1.OOOO guntas ln Sy.l{o.1O4lIIU aad petltionet No.6 is the owuer of land admeasurhg Ac.O.2OOO gutrtas tr Sy.tio.125/ 1/2 situated at Munidevunipalle Village, Koadapur Uandal, Sanga Reddy District. It is lurther stated that without issuing hny notice and without conducting any enquiry and without verifying that the names of the petitioners have been recorded as pattadars for some extent of lands, the respondent authorities have issued the impugned proceedings on the application submitted by respondent Nos.5 and 6.

3. Considered the submissions of the leamed counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to the unofficial respondents is dispensed with.

4. l,earned counsel for the petitioners has vehemently contended that some of the patta lands of the petitioners have been included by respondent Nos.S and 6, misrepresented the facts and have obtained the impugned conversion permission. : l \ 3 C\,BR, J wD 2074 2025 It is further contended that in view of issuance of the above conversion permission, the petitioners are not receiving any investment subsidies sanctioned by the Government for cultivating their lands.

5. Ms.T.Swetcha, learned Assistant Government pleader for Revenue, vehemently contended that as per the impugned proceedings, the lands have already been converted as per the provisions of the NALA Act. It is further submitted that respondent No.3 after considering the documents enclosed in support of the conversion application, has granted permission and if the petitioners are aggrieved with the said permission, they have an efficacious alternate remedy as per Section 8 of the NALA Act. In view of the petitioners having efficacious alternate remedy, the present writ petition hled is misconceived and prayed to dismiss the writ petition.

6. In view of the above submissions and as the grievance of the petitioners is that their lands have been converted without lssulng any notice and without following the procedure as contemplated under the NALA Act, this Court, without expressing any opinion with regard to the conversion proceedings issued by respondent No.4, is of the opinion that I { 4 CVBR, J Wp-2074]02s the ends of justice would be met if the petitioner is permitted to Iiie an appeal under Section g of tlle NALA Act within a period of two (02) weeks from today and if such an appeal is filed by the petitioners, the Appe ate Ruthority is directed to examine the cases of the petitioners duly considering the documents frled in support of their contentions and pass appropriate reasoned order after hearing the petitioners as well as respondent Nos.5 and 6, within a period of eight (OB) weeks from the date of filing of such appeal. I 7 . With the above observations, this Writ petition is disposed of. There shall be no order as to costs. B. As a sequel, the miscellaneous petitions pending, if any, shall stald closed. SD/-P, PADMANABHA REDDY ASSISTANT REGISTR^AR NOTE: That the Line Nos.1 to 4 in Paragraph No.2 of the Order daled 27.01 .2025 in WP. No.2074 ot 2025 are deleted & substituted as per the Orders of Hon'ble Court dated 04.02.2025 in lA No.2 of 2025. This amended order shall substitute the earlier order which has already been dispatched on 29.0't.2025. / SD/.P. PADMANABHA RE ASSISTANT REG Y //TRUE COPYi/ SECTION FFICER

1. The Principq.! secretary to Government, Revenue Department The State of - Telangana, Secretariat, Telangana 2. Ihe Distrigt Collector, 9anga Reddy District, Sanga Reddy 3. Revenue Divisional Officer. Sanoaieddv Division " 4. The Tahsildar, Kondaour Mandai IVunidevunipalle Village, Sanga Reddy Dist. 5. One CC to SRt V. SEETHARAMA AVADHANi|, AOvocaie iOpU"Ct 6. Two CCs to GP FOR REVENUE, High Court for the State'of Tela'ngana. 7. Two CD Copies [OUI To, 4\D l*)^, HIGH COURT DATED:2710112025 0410212025 6 I CC TODAY 111 aQr .<,\ ( i ,t\ tr\t" o s t ,':. ';/ -.., ,ti l/' y'" AMENDED ORDER WP.No.2074 ot 2025 ,-..:=;:_;- I I , DISPOSING,OF THE WRIT PETITION WITHOUT COSTS 0w

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