Kurva Anjilappa v. '1 . The State of Telangana

Petition under Article 226 of lhe 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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing the lmpugned Order No.D1/80812023, dated 1110812023, and non-deleting the land from prohibited list in respect of the petitioners land to an extent o'f Ac.2.04 gts in Sy.No.64/31 and to an extent of Ac.4.24 gts in Sy.No.64/8U/1 totaling to an extent of Ac.6.28 gts which is situated at Kokat Village, Yalal Mandal, Vikarabad District, basing on the online application dated 10/05/2022 and non-implementing the order in W.P.No.8055 of 2023 dated 231312023 is highly illegal, arbitrary, unconstitutinnal, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-4 of the Constitution of lndia and set aside the lmpugned Order No.D1/80812023, dated 11.O8.2O23 issued by the 3rd respondent and consequently direct the 3rd respondent to delete land from the prohibited list in respect of the petitioner's land to an extent ol Ac.2.04 gts in Sy.No.64/31 and to an extent of Ac.4.24 gts in Sy.No.64/8U/'1 totaling to an extent of Ac.6.28 gts which is situated at Kokat Village, Yalal Mandal, Vikarabad District, basing on the online application dated 10i05/2022 and to implement the order in W.P.No.8055 of 2023 dated 231312023. lA NO: 1 OF 2024 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 operation of the proceedings pursuant to the lmpugned Order No.D1/808/2023, dated 1110812023 issued by the 3rd respondent, by directing the 3rd respondent to delete land from the prohibited list in respect of the petitioners land to an extent of Ac.2.04 gts in Sy.No.64131 and to an extent of Ac.4.24 gts in Sy.No.64/8U/1 totaling to an extent of Ac.6.28 gts which is situated at Kokat Village, Yalal Mandal, Vikarabad District, basing on the online application dated

10.10512022 and to implement the order in W.P.No.8055 ot 2023. dated 231312O23 pending disposal of the writ petition. Counsel for the Petitioner: SRI DINESH REDDY FOR SRI RAPOLU BHASKAR Counsel for the Respondents: Ms. SNEHITHA, AGP FOR ASSIGNMENT The Court made the following: ORDER I I THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL \I/RIT PETITION No.3O89 of 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:- "...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3.a respondent in issuing the Impugned Order No.D1lBOB/2023, dated lllOB/2023 and non- deleting the land from prohibited list in respect of the petitioners land to an extent of Ac.2.O4 gts in Sy. No.64/31 and to an extent of Ac.4.24 gts in Sy.No.64/BU/ 1, totaling to an extent of Ac.6.28 gts, which is situated at Kokat Village, Yalal Mandal, Vikarabad District basing on the online application dated 10/O5 12O22 ar,d non-implementing the order in W.P.No.B055 of 2O23 dated 23lO3 12023 is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14 and 300-4 of the Constitution of India Impugned Order No.Dl/808/2023, dated lI.OB.2023 issued by the 3.d respondent and consequently direct the 3.,t respondent to delete land from the prohibited list in respect of the petitioners land. to an extent of Ac.2.O4 gts in Sy.No.6a/31 and to arl extent of Ac.4.24 gts in Sy.No.64 l8U/1, totaling to arr extent of Ac.6.28 gts which is situated at Kokat Village, Yalal Manda,l, Vikarabad District basing on the online application dated lOlOSl2022 and to implement the order in W.P. No.BOSS of 2023 dated 23 /312O2s..." set-aside

2. Heard Mr. Dinesh Reddy, Iearned counsel representing Mr.Rapolu Bhaskar, learned counsel for the petitioner and z Ms. Snehitha, learned Assistant Government Pleader for Assignment appearing for respondent Nos.1 to 5. Perused the record.

3. Learned counsel for the petitioner would submit that the petitioner is the owner, possessor and enjoyer to the agriculture land to arr extent of Ac.2.O4 guntas in Sy.No.64/31 and the land to an extent of Ac.4.24 guntas in Sy.No.64/B/U11, totaling to an extent of Ac.6.2B guntas situated at- Kotak Village, Yalal Mandal, Vikarabad District. He would submit that in compliance to the order passed by this Court in W.P.No.805 of 2023, the official respondent No.3 uide impugned proceedings No.Dl I 5O8/2023, dated 11.O8.2O23, had passed the order stating that the claim of the petitioner of Sy.No.64 /31 to an extent of Ac.2.O4 guntas and Sy.No.6a/B/U/ 13 to an extent of Ac.4.24 guntas situated at Kotak Village is Government land (Sarkari), accordingly the request of the petitioner has been rejected. He would submit that it is al admitted fact that the petitioner is claiming the property on the strength of pattedar passbook issued in favour of the father of the petitioner vide patta No.TO71BOO311O2 and Katha No.1950 and the said passbook is issued on 24.04.2018 7 for an extent of Ac.6.28 guntas and the nature of possession is 3 through inheritance and it is an assigned land.

4. He would further submit that the petitioner's land in Sy.No.64/31, to an extent of Ac.2.O4 guntas and the land in Sy.No.64/A/U /I, to arr extent of Ac.4.24 guntas is in possession of the petitioner herein and since the said la-nds are kept under prohibitory list, the petitioner filed an application under Dharali Portal uide application No. LM23OO002O15. Since no action has been taken by the officia-l respondents, the petitioner was constrained to file a writ petition ulde W.P.No.8O55 of 2023. This Court uide its order dated 23.03.2023 had passed the order. The operative portion of the order is as follows: "In view of the said discussion, this writ petition is disposed of directing the 3.a respondent to consider the online application No.LM23000020 15 submitted by the petitioner and pass appropriate orders in accordance with law by putting the petitioner and all effected parties on notice and alfording tJ'em an opportunity. The 3.d respondent shall also consider the instructions issued by Chief Secretar;r and CCLA's Ref.No .CMR/3691/2022, dated 03.11.2022. lf, 3,a respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons and pass a reasoned order, communicate copy of the said order to the petitioner and complete the said exercise within a period of eight (08) weeks from ttre date of receipt of a copy of this order. There shall be no order as to costs."

5. He would further submit that respondent No.3 issued impugrred proceedings uide Dl /5O812023, dated 11.O8.2O23 I '\ \ 4 issued without assigning any reasons and without taking on record the documents and evidence provided by the petitioner herein and without making any advertence on the said evidence, produced by the petitioner in a mechanical manner. Hence, he would seek to set-aside the said proceedings.

6. On ttre other hand, learned Assistant Government Pleader for Assignment would submit that the land in question is classified as Sarkari land. The total land in Sy.No.64 is to an extent of Ac.3lO.17 guntas, out of which Ac. 132.36 guntas is classified as Sarkari land and in the said Sy.No.64/l to an extent of Ac. 12O.06 is the patta land and another extent in Sy.No.64/1 to al extent of Ac.237.17 guntas is classified as Sarkari land as per the pahani 1954-55. In the said Sy.No.64, as per pahanies 1956-58, the extent of Ac.26O.O2 gutans is classified as Sarkari and the extent of Ac. 177.38 guntas is classified as Porampoku patta. In Sy.No.64, as per the pahanies for the years 1962-63 to 1969-70, the extent of Ac. 13.33 gutans is classified as patta land. Thereafter, the other classified lands established in Sy.No.64/31 as per the pahanies 1990-91 to 7992, to an extent of Ac.2.4 guntas is classifigd as Lavoni Patta. Therefore, the case of the petitioner could not be considered and 5 the same was rejected.

7. Having heard learned counsel for the petitioner, learned Assistant Government Pleader for Assignment and upon careful examination of the materials placed before this Court, this Court is seized of the fact that the land in which the petitioner claiming ownership through inheritance is recorded in the revenue records, in respect of the father of the petitioner by name Kurva Anjilappa, S/o.Basaiah, who had been issued pattedar pass book vide pattedar passbook No.TO71BO03 1102. None of those facts have been averred in the impugned proceedings and also the impugned proceedings do not spea-k about the objections t raised by the petitioner herein.

8. Therefore, this Court deems it appropriate to set-aside the said proceedings, which are bereft of facts ald circumstances. Further, respondent No.2 is directed to re-examine the case of the petitioner by respondent No.3, by strictly following the due procedure as contemplated under law by issuing necessa-ry notices to all the interested parties and affording them an opportunity of hearing by considering the documentary evidence, particularly the pattedar passbook, issued in favour of the father 6 f.. of the petitioner uide passbook No.TO718OO311O2 uide Y:hata No.1950 and pass appropriate order strictly in accordance with law. g. Accordingly, this writ petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed. "SD/.T. SRINIVASA REDDY ASSISTANT REGI ,TRUE COPY// SECTION OFFICER To \ 1 The Principal Secretary, Revenue Department, S Secretanat, Hyderabad, State of Telangana. The Chief Commissioner of Land Admlnistration, CCLA, Telangana State, riat Buildings,

2. 3 4 5 6 7

8. PSK. The District Collector, Vikarabad, Vikarabad District. The Revenue Divisional Officer, Tandur Division, Vikarabad District. The Tahsildar, Yalal Mandal, Vikarabad District. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC] Two CCs to GP FOR ASSIGNMENT, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies t- HIGH COURT DATED:2011112025 ORDER WP.No.3089 of 2024 I t * SHE1 0 2 r-r8 ')ft'!t l I * ,DATC ALLOWING THE WRIT PETITION WITHOUT COSTS o