✦ High Court of India · 05 Mar 2025

High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,284 words

THE HONOURABLE SRIJUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 6578 OF 2025 Between: Syed Sajid Ali, S/o Dr. S R/o H. No 13-1-121104, yed Osman Ali Aged about 53 years, Occ. Business, Mangalhat, Aghapura, HYderabad. ...PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue' Department, Secretariat Building, Secretariat, Hyderabad. Ttre District Collector, Ranga Reddy, Ranga Reddy District. J 4 The Revenue Divisional Officer, Rajendranagar Mandal, Ranga Reddy District. The Tahsildar, Manchirevula Mandal, Ranga Reddy 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 please{ to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in non- considering the representation cum application of the Petitioner dated 16.12.2024- and non-initiating to convert the land of the Petitioner to an extent of Ac.0.20 Gts in Sy.No.49'llAA4, which is situated at Manchirevula Village' Rajendranagar Mandal, Ranga Reddy District from agriculture land to non-agriculture land by following the provisions of the Nala Act is illegal, arbitrary, unconstitutional and violation of Arhcles 14, 15,21 and 300-4 of constitution of lndia and also violation of Principles of Natural Justice and consequently direct the Respondent No.3 to consider the representation of the Petitioner daled 16.12.2024 and convert his agriculture into non-agriculture land to an extent of Ac.0.20 Gts in Sy.No.491lAA4, which is situated at Manchirevula Village, RajendranagAr Mandal, Ranga Reddy District by issuing the Nala Proceedings l'r_rr IA NO: 1 OF 2025 Petition under Section 15{ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court mayte pleased to direct the Respondent No 3 to consider the representation bf the Petitioner dated 16.12.2d24 and convert his agriculture into non-agrfculture land to an extent of Ac.o 20 Gts in sy No .4g1lAA4. which is situated at Manchirevula Village, nr;"nJrrnrgrr Mandat, Ranga Reddy District by issuing the Nala Proceedings pending disposal of the Writ Petition Counsel for the Petitioner: SRl. RAPOLU BHASKAR Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER r rI THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY \ WRIT P-ETITION No.657E of 2 ORDER: This writ petition is frled seeking following relief: . "For the reasons stated in the accompanying allidavit, the petitioner herein prays that this Honble Court may be pleased to issue an apPrgpriate writ, order or direction more particularli one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 in non-considering the representation cum apptication of the Petitioner dated 16.12.2O24 and non-initiating to convert the land of the Petitioner to an extent of Ac.0.20 Gts in Sy.No.491/AA4, which is situated at Manchirevula Village, Rajendranagar Mandal, Ranga Reddy District from agriculture land to non-agriculture lald by following the provisions of the Nala Act is illegal, arbitrar5r, unconstitutional and violation of Articles 14,. 15, 21 and 300-4 of Constitution of lndia arrd also violation of Principles of Natural Justice and consequently direct the Respondent No.3 to consider the representation of the Petitionet dated 16.12.2024 and convert his agriculture into non-agriculture land to ar extent of Ac.0.20 Gts in Sy.No.491/AA4, which is situated at Malchirevula Village, Rajendranagar Mandal, Ranga Reddy District by issuing the Nala Proceedings and pass such other otder.or ofders as this Honble Court may deem fit and proper in the circumstances of the case."

2. It is stated that originally one Syed Nizamuddin was the original owner and pattadar of agriculrural land to an extent.of Acs. 0.20 guntas in Survey No.49 1/AA4, situated at Manchirevula Village,. Rajendranagar Mandal, Ranga Reddy District (for short, 'the subject lar-adJ and he was granted a ceftifi-cate under Section 5(f ) of Telangana Right5 in Land and Pattadar Passbooks Act, l97I (for short, 'the ROR Act, 1971 ') uide proceedings No.D I 156l /20 16 dated 07 .09.2016 and thereafter his name was mutated in the revenue records and he was issued pattadar passbook and tifle deeds. The petitioner purchased the subject land from Sri Syed Nizamuddin uide registered SaIe Deed bearing Document No.3O5 of 2O18 - - ,-:!,L.a- r-:_, - i. .T!; 1-r , f#:+dH,;:,:-...;' 2 CVBR, J W.P;No,6578 of 2025 dated 11'01.2019 and since then, the petitioner is in possession and enjo5rment of the subject ran&1 The grievance of the petjlioner is that w.hen he submitted an apprrcation dated r6.L2.2o24 to;3ta respondent seeking for conversion of the subject land from agriculture to non-agricurture purpose as per the provision s of the NALA Act, 2006, the same is not considered. as on the date. Hence, the present writ petition. 3 Considered the submissions made by the leatned counsel for the parties and with their consent, this writ petition is crisposed of at the admission stage. 4- Learned Government pleader for Revenue appearirig for the respondents has not disputed the issuance of pattadar passbook ald tifle deeds to the original owner of the subject land i.e., Sri Syed Nizamuddin urde proceedings No.D / r5{>r / 20 1 6 crated 07 -og.20 16, passbook No.OO l 70r and Patta No'7gg' It is furthei stated by rearned Government pleader for Revenue that the petitioner has not submitted an application in Dh,arani Portal seeking for conversion of the subject ra,d from agricurture to non- agriculture purpose by paying requisite fee as preScribed under the provisions of the NALA Act, 2006, and without making an application in Dharani Portal, has filed this writ petition, as such the writ petirion filed is misconceived and prayed for dismissal of the same. 5, Be that as it may, since it is stated that the petitioner is pattadar ofthe subject land and the revenue authorities also issued pattadar j l I 1:!\+!*jqi'-.:1rtri r . nn{?i4:t?Gfllq:E'1-**{ 3 CVBR, J W.P.No.6578 of 2025 passbook and title deeds 'to !t-rg original pattadar i.e.; Sri Syed Nizamuddin uide proceedings No. D / 1 5 6 I / 20 16 dated 07 .09.20 I 6, .Pasf5ook No.O0 I 70 I \ .-- -)' and Patta No.789, it is needless to observe that th€ petitiondr is entitled for conversion of the subject land from agriculturg to non-agriculture purpose, if appropriate application is submitted in Dharani Portal and payrng requisite fee.

6. In view of the above submission, this Writ Petition is disposed of leaving it open to the petitioner to make al appropriate application in Dharani Portal duly paying the requisite fee as prescribed under the provisions of the NALA Act, 2OO6 for conversion of lald from agricrilture to non-agriculture. purpose and in the event such arr application is made, the respondents shall conSider the same within a period of four (04) weeks from the date of receipt of a copy of this order, after issuing notice to all the persons, who are interested and allected by issuance of conversion proceedings. Miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-K. SREE RAMA MUBTHY DEPUW REGIyfRAR n/ SECTION 6FFICER

1. The Principal Secretary, Revenue Department, Secretariat Building' Secretariat, HYderabad.

2. The District Collector, Ranga Reddy, Ranga Reddy District' 3.TheRevenueDivisionalOfficer,RaiendranagarMandal'RangaReddy District.

4. The Tahsildar, Manchirevula Mandal, Ranga Reddy District' 5 One CC to SRI RAPOLU BHASKAR Advocate IOPUC] 6.TwoCCstoGPFORREVENUE,HighCourlfortheStateofTelangana

7. Two CD CoPies \ To, g II HIGH GOURT t. DATED:0 510312025 I ORDER WP.No.6578 of 2025 lttE sr A/( e J 3 01 APR 2025 )(. ';. C l ) 5.S o,4T C HgO .rrt t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @c*J q(L--- {4*

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