Smt.BarlaSavithri v. 1. TheStateofTelangana

Petition under Article 226 oI Ihe constitutron of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue Writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the inaction of the Respondents in issuing the Endorsement, daled 19.O2.2021 in Proceeding No. Blt,155812019 issued by the Respondent No. 5 and not issuing of the E-Pass Book to the Petitioner by considering of Applications, dated 03.02.2021 and 04.02.2021 before the Respondents respectively for issuing of Lavonia Patta with regarding an Agricultural lands to an extent of Ac. 0i -20 Guntas in tavo- of the petitioner out of Ac. 2o-12 Guntas in Sy. No. r05/8, situated at Maasaanpaili Viilage, Gundaara Mandal, Yadadhri-B huvanagiri (Erstwhire Nargonda) Distrir;t, which were in the peaceful possessio r and enjoyment of the petitioner f rom 50 years back onwards to ti| date, as bad in raw, ilegar, arbitrary and vio ation of principres of Natural Justice arrd Consequenfly to suspend the l:ndorsement, dated 19022021 in Proc;e:ding No. B/'1 55B/20r9 issued by the R:spondent No. 5 and issue the E-Pass Book to the petitioner to an extent of Ac. 01 -20 Guntas out of Ac. 20'12 Guntas in sy. No. 105/8, situated at Maasaanpa,i virage, Gundaara Mandal, Yadad hri-Elhuvanagiri (Erstwhire Nargonda) Drstrict, without any interference from anybody incruding the Respondents here,in in the interest of justice. IA NO: 1 OF 2021 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired irr support of the petition, the High cour: may be preased to suspend an Endorsement, dated 19.02.2021 in proceedinil No. Bi 155g/201g issued by the Respo.dent No. 5 and rssue the E-pass Boot to the petitioner to an extent of Ac. 01-2() Guntas out of Ac. 20-12 Guntas in sy No. 105/8, situated at Maasaanpari Vir age, Gundaara Mandar, yadad hri-B htrvanagiri (Erstwhire Nalgonda) District, without any interference from anybody incruding the Respondents herein irr the interest of justice. Counsel for the petitioner: SRI GONE RAMESH Counsel for the Respcndents: AGp FOR REVENUE WRIT PET]TI ON N(): 18900 OF 2 020 Between: Smt. Paladuqu Butchamma, Wo p. Shankaraiah, D/o Late Barla Chinna Somaiah, Aged rrbout+s years, o-". ag-;i;rii;;;'R/*o u No 4_19, SC Cotonv Maasaanpali \/ilaqe. Gundaata rV;;;;i- i;;;onri-irr-,onsiri "ieiri,iiiii.; Nalgonda ) Distri,t, T=S. AND 1 The State of Telanoana Represented by its princrpar Secretary to the Revenue Dept. Secreiariai Buiidings Hr;"iju"!" sbij'oz 2 ...PETITIONER

2. The District collector, Yadadhri-Bhuvanagiri, (Erstwhile Nalgonda) District' at Bhuvanagiri, Yadadhri-Bhuvanagiri District'

3.TheJoint-Collector,Yadadhri-Bhuvanagiri,(ErstwhileNalgonda)DistriCt,at . Bhuvanagiri, Yadadhri-Bhuvanagiri District 4. The Revenue Divisional officer, (RDO), Bhongiri Division, at Bhuvanagiri, Yadadhri-Bhongiri (Erstwhile Nalgonda) District'

5. The Tahsildar, Gundaala lt/andal, at Gundaala, Yadadhri-Bhongiri (Erstwhile Nalgonda) District. ...RESPONDENTS 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 writ, order or Direction more particularly one in the nature of writ of l/landamus declaring the inaction of the Respondents in issuing the Endorsement, dated 29.09.2020 in Proceeding No. Bl 155812019 issued by the Respondent No. 5 and not issuing of the E-Pass Book to the Petitioner by considering of Applications, dated 18 1 1 2009 and 03 10 2020 before the Respondents respectively for issuing of Lavonia Patta with regarding an Agricultural lands to an extent of Ac. 01-20 Guntas in favor of the Petitioner out ofAc.20.12GuntasinSy.No.105/8,situatedatl/aasaanpalliVillage,Gundaala tttlandal'Yadadhri-Bhuvanagiri(ErstwhileNalgonda)District,whichwereinthe peaceful possession and enjoyment of the Petitioner from 50 years back onwards to till date, as bad in law, illegal, arbitrary and violation of Principles of NaturalJusticeandConseqUentlytosuspendtheEndorsement'dated 29.og.2o2oinProceedingNo.B/,1558/20lgissuedbytheRespondentNo.5and issue the E-Pass .Book to the Petitioner to an extent of Ac. 01-20 Guntas out of Ac.20-12GuntasinSy.No.105/S,situatedat[\4aasaanpalliVillage,Gundaala IVlandal,Yadadhri-Bhuvanagiri(ErstwhileNalgonda)District'withoutany interferencefromanybodyincludingtheRespondentshereinintheinterestof justice. lA NO: 1 OF 2020 PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to suspendtheEndorsement,dated29.og.2o2oinProceedingNo.B/1558/20,19 issuedbytheRespondentNo.5andlssuetheE-PassBooktothePetitionerto an extent of Ac. C1..20 Guntas out of Ac. 20-.12 Guntas in S;y. No. 105/g, situated at lvlaasaanpalli village, Gundaala Mandal, yadad hri-B h uva nagiri (Erstwhile Nalgonda) District without any interference from anybody including the Respondents hereirr in the interest of justice. Counsel for the Petitioner: SRI GONE RAMESH Counsel for the Rer;pondents: AGp FOR REVENUE The Court made the following: COMMON ORDER 7 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PE{ITION Nos.56 15 of2O2L and 189OO of2O2O ORDER: Writ Petition No.66 15 of 2O2L is filed for the following prayer:- to issue Wit Order or Direction more particularlA one in the nature of Wit of Mandamus declaritg th.e in action of the Respondents in issuing the Endorsement dated 19.02.2021 in Proceeding No.B/1558/2019, issued bA Respondent No-S and. not issuing of the E Pass Book to the Petitioner bA cottsideing oJ Applications dated 03.02.2021 and 04.02-2021 before the Respondents respectiuely for tssuing of Lauonia Pqtta uttth regarding an Agicltltural lands to an ertent of A1.O7-2O Guntas in fauor of the Petitioner out of Ac.2O.12 Guntas in SA. No.105/8 situated at MaasaanPllli Vitlage, Gundaala Mandal, Yqdadhi-Bhuu<tnagii (Ersttuhile Nalginda) Distict, tuhich u)ere in the peaceful possession and enjogment of the Petitioner from 50 gears back ontaards to tilt daie as bad. in laut, illegal, arbitrary and uiolation of Pnncipals of Natural Justice and Consequently to suspend the bndorsement d.ated 19.02.2021 in Proceeding No' B/ 1555/2019, issued bg the Respoftdent No.5 and issue the E-Pass Book to tLrc Petitioner to an extent of Ac.01.2O Guntas out of Ac.2O-12 Guntas in S! No.1O5/8, situated at Maasianpalli Vitlage, Gund<tala Mandal, Yadadhi- Bluuanagii, (ErstlDhile Nalgonda) District, tltithout ang interfererrce from angbodg including tle Respondents heretn in tlrc interest oJ justice. 'Writ Petition No.18900 of 2O2O is filed for the following prayer:- "...to issue Wit Order or Direction more particularlg one in the nahfie of Wit of Mandamus declaing the in action of the Respondents in issuing the Endorsement dqted 29 09 2020 in Proieeding No.B/ 1558/2019 issued bg the Respondent No 5 and. not isuing oJ tle E-Pass Book to the Petitioner bg consideing oi Applications dqted 18.11.2009 and O3.1O.202-O before ttrc Respondenk respectiuelg for issuing of Lauonia Patta uith regarding an Agrtatltural lands to an ertent of AI.O|.2O Guntas in fauor of the Petitioner out of Ac.2O.1b Guntas in Sy No.1o5/8 situated at Maasaanpolli Village, Gundaala Mand.al, Yadadhi-Bhuuanagiri (Ersttuhile 2 NalgonCa) District uhich tuere in the peaceful posse:sion and. enjoyment of tLE Petitioner from 5O gears back orulard.s to till date o s bad in lqw, illegal, orbitrary and. vio,.ation of Pinciptt|s of Natural Justice and ConsequentlA to suspend the L)ndorsement dated 29.09.2020 in pr oceeding No.B,/ 1558/2019, tssued bg the Respond.ent No-S and. issue the E-['ass Book to th.e Petitioner to an ertent of Ac. O 1 . 20 Guntas out of Ac.2O.12 Guntas in Sg-No_lOS/g, situated at Maasaunpalli Village, Gundaakt Mand.al, \ adqdhi_ Bhuuor.agii (Drstu.tlile Nalgonda) Distrtct, utith;tut any itterJbr.,nce from anVbodA including the Responden s herein in the ierest of justice

2. Learned counsel for the petitioners woLld submit that the husband of the petitioner in W.p.lo.66 15 of 2O2l and the father of the petitioner in W.p.No.1g9O0 of 2O2O are thr: holders of the land to an extent of Ac. 1.20 guntas each in Sy.No.105/8, situated at Maasaanpalli Village, G,rndaa,la Mandal yadadhri-Btruvanagiri (Erstwhile Nalgonda) District by virtue of ar;signment granted to Barla Pedda Somaiah along with Barla Chinna Somaiah and their narnes were entered in the pahanies for the year 1958-59 and till 2005_l)6. After death of Birla Pedda Somaiah and Barlz. Chinna Somaiah, the petitioners a-re in possess ion and enjoyment 01' the said lald. Due to non-mlltation of narnes, some third parties are trying to dispo ssess the petitioners fr,tm the subject land. That being the case, 3 the land in question, which was subsequently acquired by the official respondents for the purpose of allotment of house sites to weaker section families' It is further submitted that the petitioner rn 3. W.P.No.6615 of 2O2l has hled a suit for perpetual injunction in O.S No.178 of 2Ol9 on the file of the Junior Civil Judge at Aler and the petitioner in W'P'No' 18900 of 2O2O has fr.led a suit for perpetual injunction in O'S No.3oof2o2oorlthefileoftheJuniorCivilJudgeatAler and the sarne were dismissed by the trail Court' Thereafter, the petitioner in W'P'No'6615 of 2O2l r,nade a representation to respondent No'2 and 3 on O3'O2'2O21 and the petitioner in W'P'No'189OO of 2O2O made a representation to respondent Nos'2 and 3 on O3.\O.2O2O, with a request to issue Lavali Patta and E- Pass Book for agriculatural lalds to an extent of Ac.O1.2O guntas in Sy'No'105, situated at Maasaalpalli Village, Gundaala Mandal Yadadhri-Bhuvanagiri (Erstwhile Nalgonda) District' But the respondent authorities neither consider the representations nor \ 4 rejected the same. Hence, he seeks to pass a.tpropriate direction to the respondent authorities.

4. By fiiling counter affidavit, Iearned Assistant Government pleader for Revenue would submit that admittedly, as per the Khasra pahani for the yr:ar 1954_ 55, the totzrl extent of the lald in Sy.No.105 of Massanpall;z Viltage of Gundala Mandal is Ac.3g.20 guntas and it is classified as Government/Brmcharai. Out of that, an extent of Ac.3.0O guntas was assigned to the husband of the petitioner in W.p.No.66IS of 2021 and father ol the petitioner in W.p.No.1g9OO of 2O2O Ac. 1.20 guntas each in Sy.No.1O5 and their narnes were entered in the pahanies until 2OOI_2OIO. They sold the land to Smt.yetipeddi Venkamma vide Sadarainama dated 16.05.1!)90, later the assignment patta cer-tihcates were issued ir: favour of sons of Elipeddi Venkarnma to an extent of Ac. 1.20 guntas each vide ct:rtificate No.B/41/1996, dated _-07-1996, by the Tehsildar, Gundala, ancl r_heir narnes were brought on record in the 7 5 occupant column in the Pahani from the year 1997-98 and 2OOL-O2 only. The original assignees namely Barla China Somaiah and Barla Peda Somaiah are being recorded as pattadars in Revenue records' It is further submitted that the sons of Yelipeedi Venkamma sold their land to an extent of Ac.3.00 gutnas in Sy'No' 105 to one Paladugu Bixam, as such pattas were cancelled on the name of Barla Peda Somaiah and his wife Barla Yellamma as per the Andhra Pradesh Assigned Lald (Prohibition of Transfer) Act, t997 and the same was allotted to one Paladugu Bixam to an extent of Ac'1'20 guntas in Sy.No.1O5/10 and Ac'1'20 guntas in Sy.No.1O5/11 on the name of Paladugu Poolamma vide proceedings No.Bla756/2006, dated 16'06'2006 bv the Manal Revenue Officer, Gundala and their narnes were brought on record in the year 2OO7-O8' It is further submitted that Paladugu Bixam and 5. Paladugu Poolamma have relinquished their rights over the lands vide Form-C under Rule 16 of the A'P 6 (Telalgala .\rea) Revenue Rules, 1951 in res rect of the land to an extent of Ac.1.2O guntas in Sy.No.1 )5/ 1O and Ac.\.2O guntas in Sy.No. 1OS/ 1 1 totally admeasuring .ac.3.OO guntas for the purpose of allotment of house sites to weal:er section families. As such the G,)vernment land was re:orded in the pattadar column a:td Colony plots record,:d in Enjoyment columns of the pahalies against the Sy.No.105 to arr extent of Ac.3.O0 guntas from the yezr 2Oi0-11 to 2Ol3-14. The procosals for salction of house sites to SC beneficiaries on tlre subject lands u,ere a-lso submitted by the then ,tahsildar, Gundala vide Lr.No.B /3OOl/2013. dated _-O2.2014 to the Revenue livisional Officer, Bhongir.

6. It is fu-ther submitted that al application dated O3.O2.2O21 filed before the then Tahsildar, Gundala for issue of Pattadar Pass Books in respect of the lzmd to an extent of Ac. 1.2O guntas in Sy.No.105.g, situated at Masanpally V:1lage of Gundala Maldal. Upon which, the then Tahsildar, Gundala Maldal issued Endors:ment to 7 the Writ petitioner vide Endorsement No.B/1558/ 2019, duly informing that the said land was relinquished by assignees vide Form-C for the purpose of house sites to weaker section families. Subsequently, the said lartd was allotted for construction of double bed rooms which is flagship prograrnmee of the then Government. As a part of that, one water talk and Godess Durga temple a-re constructed in the said land. The said Endorsement was also served to the petitioners. Learned Assistant Government Pleader would submit that the petitioners seeking to set-aside the endorsement ald for issue of e- pass book from an extent ofAc. 1.20 guntas in Sy. 105/8 does not deserve any consideration and it is misconception, hence seeks to dismiss these writ petitions. 7 . Having heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and upon perusing the material placed before this Court, a-fter having noticed that the petitioners make a represeutation dated 03.O2.2021 and 29.O9.2020 before 8 respondent Nos.2 and 3 and also a representirtion dated 04.O2.2021 and 03.7O.2O2O to respondent No.4, for issue of e-p:rttadar pass books in their favour. A perusal of record it shows that the contents of representation. made before respondent Nos.2, 3 and respondent No.5 are one and same. Further, nowhere it has b,:en stated that whether the petitioner in W.p.No.661S of 2021 and, the petitioner in W.p.No.lg9OO of 2O2O wer.e put to notice as re quired under law on the aspect of the cancellation of patta in favour of the petitioner for avoiding rule s as per the Andhra pradesh Assigned Lands (Prohibition of Tralsfer) Act, 1997. Therefore, the petitioner in W.p.No .6615 of 2021 and the petitirtner in W.p.No. 1B9OO of 2O2 arc irt libert5r to submit fres.e representation to the official restrrondents within a periocl of four (04) weeks from the date cf receipt of a copy o_. this order ald in turn the ofhcial respondents shall enquire into the aspect of granting of e-pattadar passbooks arrd pass appropriate orders in accordalce witir iaw. 7 9 8 Accordingly, these writ petitions ar6 disposed of' There shall be no order as to costs Miscellaneous applications, if any' pending' also stand closed. //TRUE COPY// SD/. B. REKHA RANI ISTANT REGISTRAR SECTION OFFICER To, 1 2 3 4 The Princioal Secretary to the Revenue Dept', Secretariat Buildings' Hyderabad, state of Telangana-S0O 022 ' The District collector, Yadadhri-Bhuvanagiri, (Erstwhile Nalgonda) District, at Bhuvanagiri, Yadadhri-Bhuvanagiri District' The Joint-collector, Yadadhri-Bhuvanagiri, (Erstwhile Nalgonda) District, at Bhuvanagiri, Yadadhri-Bhuvanagiri District TheRevenueDivisionalOfficer(RDO),BhongiriDivision'atBhuvanagiri' Yadadhri-Bhongiri (Erstwhile Nalgonda) District'

5.TheTahsildar,GundaalaMandal'atGundaala,Yadadhri-Bhongiri(Erstwhile Nalgonda) District. One CC to SRI GONE RAMESH, Advocate [OPUC] TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT] Two CD Copies o 7 o BSR GJP HIGH COURT DATED: 15109t12025 / ,-r__=:.-:__-a . :- -.1:'1. t; 'r" .\ ':1.,i COMMON ORIDER 0 7 0[I 216 \i WP.Nos.6615 of 2021 and 18900 of 2OiO DISPOSING OF BOTH THE WRIT PETITIONS, WITHOUT CO$TS I I/ur