✦ High Court of India · 18 Feb 2025

H DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY WRIT PETITION NO

Case Details High Court of India · 18 Feb 2025
Court
High Court of India
Decided
18 Feb 2025
Length
1,252 words

District "'RESP.NDENT' 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 direction more specially one in the nature of writ of Mandamus, declaring the action of the respondent in not issuing the orders in cc No. w/80/75 and w 192175 which is reserved for orders on 02111t2o24 in respect of the land part in Sy.No. 174 to 176, 178' 182' 183 And 154 admeasuringAc.T4.gTcentssituatedatPeddashapurVillage,Shamshabad Mandal, R.R. District, in spite of the report given by the 4th respondent is illegal' arbitrary, unjust and consequently direct the 3rd respondent to pass orders in CC No. Wi80/75 and w t92t75 which is reserved for orders on 0211112024 in respect of thelandpartinSy.No.174lo176,17B'182,183and154admeasuringAc.74-97 cents situated at Peddashapur Village, Shamshabad Mandal' R'R' District IA NO :1 OF 2025 Petition under Section 1 51 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 respondents No 2 to 5 to protect the petitioner's land in respect of the land part in Sy.No. 174 to 176, 178, 182, 183 and 154 admeasuring Ac. 74-97 cents situated at Peddashapur Village, Shamshabad Mandal, R.R. District including the possession of the petitioner from the encroachers pending disposal of the above writ petition Counsel for the Petitioner: SMT. JYOTHI ESWAR GOGINENI Counsel for Respondent Nos.'l to 4: GP FOR REVENUE Gounsel for Respondent No. 5: GP FOR HOME The Court made ther f ollowing: ORDER \.t *r' .' I .a HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.4744 of 2O25 ORDER: This Writ Petition is filed praying this Court to declare the action of respondent No.3 in not passing the orders in C.C.No.W/80/75 and W 192175, in respect of the land admeasuring Acs.7 4.97 cents in Sy.Nos.174 to 176, 178, 182, 183 and I 54 situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District, as illegai and arbitrary and consequently prayed for other appropriate reliefs.

2. It is stated that the lands forming part of Sy.Nos.174 to 176, 178, 182, 183 and 154 situated at Peddashapur Village, Shamshabad Mandal, Ranga Reddy District, are classihed as patta lands and the name ol one Nawab Rafiuddin Khan was recorded as pattadar. It is further stated that respondent No.4 has submitted a report to respondent No.3 uide lelter No.Bl288/2024, dated 23.11.2024, furnishing the details relating to the nature of the lands and their classification. It is further stated that a declaration has been filed under the provisions of the Telangana Land Reforms (COAH) Act, 1973 (for short 'the Act, 1973") and the Land Reforms Tribunal has {.) 2 CVtsR, J wp 474aJ02s passed order, dated 2Z.OS.lg77 in C.C.Nos.W /aO /78 and, W 192/75. Aggrieved by the same, the petitioner filed an appeal before the tI Additional District Judge, Ranga Reddy District. After verifying the entire records relating to the declaration, the appellate authorit5r has set aside the order, dated 2T.OS.1\TZ passed by the Lald Reforms Tribunal and remanded the matter to the original authority uzde judgment, dated O4.O4.2OIT in L.A.R.No.10 of 2072 for re_consideration and for passing of fresh orders. It is further stated that pursuant to the orders of the appellate authorily, the respondent authorities have conducted hearing and also called for the report from Tahsildar concerned seeking clarification over the subject land. The grievance of the petitioner is that even though the matter has been heard and reserved for orders on O2.1t-2O24, tili date no orders have been passed.

3. Learnecl counsel for the petitioner has submitted that in view of the inordinate delay in passing the orders .by the quasi judicial autho.ty, the petitioner is not in a position to receive various incentrves being sanctioned by the Government for cultivation of the subject land to enjoy absolute rights over the property. Learnr:d counsel for the petitioner further submits that ., cvB& i Wp_4744 J025 right to have propert5r is an integral part of right to life as guaranteed under Article 21 of the Constitution of India.

4. The original authority being quasi-judicial authority is conferred with the power to follow the self-imposed rule rigorously that every petition shall be disposed of within a period of time prescribed under the statute. Long and interminable delay in the disposal of petition is a serious hurdle in the dispensation of the justice and indeed, such delay tend to shake {. the confidence of the people and the same is contrary to the very object of conferring power on the original authority by the legislature in its wisdom. In the present case, declaration has been filed in C.C.No.W/80175 and, Wl92l75 dated 25.07.1977 and same was remanded for re-determination vide orders in LAR No. 10/2012 d,ated 04.04.2012 to the LRT. Even after completing more than 48 years the declarations arising out of I / C.C.No.W/80 175 and, W 192175 have not attained finality and it not only amounts to lethargic attitude of the authorities under the Act, and the very purpose of the Act to distribute the surplus land to the landiess poor persons would be defeated. It is stated that the original authority, after remand, heard the matter and reserved for orders on 02.11.2024, but till date no orders have been pas=sed. ( 4

5. *r-ortl3t;!, In vievr of the above, this Court without expressing any opinion on the right and entitlement of the petitioner over the subject properties, deems it appropriate to dispose of this writ petition directing the respondent No.3 to pass orders in c'c'No'w/8o lzs and w/92/7s, strictly in accordance with raw, as expeditiously as possible, preferably, within a period of six(06) weeks from the date of receipt of a copy of this order artd communicate the decision thereon to the petitioner. t-

6. With the above observations, this Writ petition is clisposed of. There bhall be no order as to costs. As a secluel, the miscellaneous petitions pending, if any, shall stand closed. SD/. P.CH.NAGABHUS MBA ASSISTANT RE STRAR //TRUE COPY// SEC TION OFFICER The District Collector, Ranga Reddy District, At Lakdikapool, Hyderabad The Authorizecl officer -Cum- Revenue Divisional Officer, Land Reforms Tribunal, Rajendrangar Mandal, Ranga Reddy District. The Tahsildar, Shamshabad Mandal, Ranga Reddy District The Station House Officer, Shamshbad Police station, Shamsahbad, R R District. One CC to Smt. Jyothi Eswar Gogineni Advocate [OPUC] Two CCs to GP For Revenue, High Court for the State of Telangana. [OUT] Two CCs to GP For Home, High Court for the State of Telangana. [OUT] Two CD Copies o \ To, 1 2 3 4

5. o- 7. 8. NIBC \ I HIGH COURT DATED: 1810212025 TI\r^E S 1 q o 22 u[F, ?$6 + l Despar ORDER WP.No.47 44 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS

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