Undyala Bheem Reddy v. The State of Telangana

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 such appropriate writ or direction more particularly in the nature of Writ of ltrlandamus declaring the inaction of the Respondents more particularly Respondent no.4 herein in including the Petitioner's land admeasuring Ac1.1B gts in Syl 31/AA/1 Thummalasugur Village, Tadoor Mandal, the Nagarkurnool District in the online revenue records by considering the representation dated 02.02.2022 and grievance application bearing No. LM2200008887 dated 08.02.2022 as being illegal, arbitrary, unjust against the provisions of the ROR Act, 2020 and consequently, direct the Respondent no.4 to include the Petitioners land admeasuring Ac1 .18 gts in Syl 31/AA Thummalasugur Village, Tadoor Mandal, , the Nagarkurnool C istrict in the online revenue records and also to issue digital passbook to the Petitioner. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circunrstances stated in the affidavit filed in support of the petition, the High Coun m;ay be pleased to direct the Respondr:nt No.4 to consider and dispose off the application of the Petitioner dated 02 O2.2O22 in accordance with law, pending disposal of the present writ. Counsel for the Peti':ioner : Ms.LAHARIKA, rep., SRI L.VANI counser ror the Res,ono"""' .t"T:,tEt[=-tH{r?T,tR' AGP The Court made the following: ORDER a THE HON'BLE SRI JUSTTCE E.V.VENUGOPAL WRIT PETITION No.941O OF 2022 ORDER: This Writ Petition is liled unde- Articr.e 226 of Constitution ol India seeking the lollorving rclicf/ s: "... to issue such appropriate rrit or direction more particularly in the nature of Writ of Manclamus declaring the inaction of the Respondents more paflicularl!' Respondent no.4 herein in including the Petitioner's land admeasuring Ac. 1.18 gts in S!' No. 131/AA/1, Thummalasugur Village, Tadoor Manda[, the Nagarkurnool District in the online revenue records b_v considering the representation dated 02.02.2022 and grievance application bearing No.LM22O0008887 dated 08.02.2022 as treing illegal, arbitrary, unjust against the provisions of the ROR Act, 2020 and consequentl_v, direct the Respondent no.4 to include the Petitioner's land admeasuring Ac 1.18 gts in 51 No,131/AA, Thummalasugur Village, Tadoor Mandal, the Nagarkurnool District in thc onlinc revenue recorcls and also to issue digital passbook to the Petitioner and pass such other orders

2. Heard Ms.Laharika, learned counsel representing Ms.L.Vani, learned counsel for the petitioner and Mr.H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for resDond ents.

3. The briel facts of the case a-re that the petitioner's father namely Sri Venkataiah Reddy (4 Venkat Reddy '"vas the absolute owner and possessor of agriculture land admeasuring Acs 2.36 gts in Survey No. 131/AA situated at Thummalasugur Village, Tandoor Mandal, Nagarkurnool District, Telangana State; that his name was recorded in the revenue records right from Khasra PahiLni 1954-55 onr'vards; that upon demise of the petitioner's iather in the year 1990, the petitioner and his brother inhe rited the land; that the petitiorLer '"i,as allotted Ac.,.18gts in Sy No.13l lAAl 1 in Thummalasugr-rr Yi11age, Tadoor Mar-rdal, Nagark. rni-rol District, Telangana State :rnd his name u'as mutat ed in the revenue records vide pro,:ee lings bearing ROR No.20/()0 dated 24.12.1990; that the pet.itir,ner u.as also issued patta,lar pass books and title deeds in respect ol the subject proJ,ert].; that the petitioner was in the absolute possession imd enjoyment of the subject larLd; that the Go-,'ernment rf Telangana had proposed a schenre'.'i2., Mahatma Gandhi Lift lrrigation Scheme to provide irrigation facili[, to an extent of lard admeasuring 3.65 lakh acres in cirought prone areas of \Aran aparthy, Nagarkurnool and Mahab ubn agar Districts b1,-lifting :25 'fMC lrom Foreshore of Srisaiiam Rr:se:voir; that the Scheme r,r'as intended to provide drinking \lrater t,) the enroute villages for I .00 TMC covering about (336) villager; in ersttuhile Taluks of Kollapur, Nagarkurnool, Achampet, Jadcherla, Wanaparthr. ard Kalw-akurthy constituencies in 124) Mandals; that the Cor ernment of Telalgana proposed t,l acquire lands; that a canal ,\'as proposed to be dug near the subject land; that as part of th e Irrigation Scheme project, lands of some of the I owners rn Sy No.131 rvere proposcd to be acquired arld accordingly, the Government acquired lalds ol Srinivas Reddy and others for the purpose oi laving a canal; that the Special Deputy Collector (LA) had addressed .r letter dated 25.08.2020 to the Tahsildar, Tadoor informing about the lands a. cqi-:rred for the purpose of laying cana-l r'vhich clearl,y reflects that the subject propertv is not acquired; that the subject property does not fall u,.ithin the canal and that the said property is about 50 mts arvay from the Canal; that the petitioner is in possession of the subject land; that the petitioner raised Paddy crop and the same is to be harvested in the month of December, 2021; that the petitioner sought lor the issuance of Digital Passbook and respondent No.4 stated that he shall issue the same after completion of acquisition process. Whiieso, respondent No.4, u'ithout assigning an-v reason removed the entry with regard to subject land in the on-line record; that the petitioner applied for grievance redressal through Dharani Portal vide application No.GLM2 100035889 and the sarne lvas rejected by the respondents, 'uvithout assigning any reason; that the petitioner again applied through Dharani vide application No.LM22O000BB87 dated 08.O2.2022 and the same is pending as on today; that the petitioner also gave representations to respondent Nos.2 and 4 on 02.O2.2022 through registered post l informing th,: above lacts and seeking to redrr-'ss his grievance. But in vain. Aggrieved by the same, the petitlorler preferred the present Wr jt )etition.

4. Lear';i ' c.r,rnse1 lor the petitioner submit:; that in viel' oi deletion ol' trntry rvith regard to the subject 1:ropertl', the petitione r ]S deprived of the monetary benefits under various farmer u'elfarrl schemes. Therefore, he seeks to con:;ider his case and pass appropriate orders

5. Learnt:d Assistant Government Pleader for lievenue sceks a direction to the petitioner to file a representation before respondent N r.4 seeking the said relief. On iriling the same, respondent N< .4 ',r,ould consider the same and pass appropriate orders.

6. Har-ine r egard to the submissions of bo .h the le:rrned counsel ald orr perusal of the material available on record, this Court, ',1-itiror-rt making any observations on thr. merits or demerits of thr' case, is inclined to direct the petitioner to file a fresh represcn ,irtion before respondent No.4, enclo sing all the necessary documents, within a period of four (4) rr,eeks from the date of receipt of a copy of this order. On such ;-ep resentation, ./ respondent No.4 is directed to examine the same ald pass appropriate orders, as per law, as expeditiouslv as possible. With the above direction, this \Vrit petition is disposed of. No order as to costs. Miscellaleous Petitions, pending il anv, shall star-rd closed. ,TRUE COPY// SD/.8. REKHA RANI ASSISTANTREGISTRAR SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Building, Hyderabad,State of Telangana, Telangana. 2 3 4 5 6 7 The District Collector, Nagarkurnool District, Telangana State. The Revenue Divisional Officer, Nagarkurnool Division, Nagarkurnool District, Telangana State. The Tahsildar, Tadoor Mandal, Nagarkurnool District, Telangana State. One CC to IVs.L.VANI, Advocate. IOPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana. Two CD Copies. ,M, BSK BS HIGH COURT DATED:0711012025 ORDER WP.No.941A af 2022 iJt. 2 5 t['l' fr -r.- - . > :l r)) / t, DISPOSING oF THE WRIT PETITION WITHOUT CCISTS G,., 1C