✦ High Court of India · 10 Mar 2025

The High Court · 2025

Case Details High Court of India · 10 Mar 2025
Court
High Court of India
Decided
10 Mar 2025
Bench
Not available
Length
1,219 words

Petition urce :iection'15'1 CPC praying that in the cirr:urslances stated in the affidavit filed in r Lrlrpo;t of the petition, the High Court may Le pleased to direct the Respondents r(.1o dispossess the petitioner from the larro ir- Sy.No.{9/AA is an extent of At:. 2. ).:. gts situated at Nagireddypally Villagr: Narwa lr/landal, Narayanapet Drstrr: 'vithout following the due process penf ir g Jisposal, of the above Writ Petitic I Counsel for the l),:t tioner: SRI. I V RADHAKRISHNA MURTHy cgqngeJ for the lles pondents; SR! l_1. SOIIIIAIAH EZRA qHASTR| AGp FeR ASSIGNMENT The Cqurt qn(e tlre totlowing; OBQEB HON'BLE SRI .IUSTICE C.V.BHASKAR REDDY WRIT PETIT ION No.7162 of 2O2S ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief "....to issue an appropidte Wit, Order or Directton more particularlg one in the nature of Writ of Mandamus dec[aing the actioft of the Respondent No.3 in trying to dispossess the petitioner without consideing the explanotioi/ ripresent(ttion dt 17/02/2025 for Form II dt 17/ 12/2024 oirl tokirg lantt into hnnds and trying to change the reuenue entries and trying to,litpos".st the petitioner from the land in Sg.No'49/AA to an .rt"it o1 e..2.2+ gts situated at Nagireddgpallg Village, Nanaa Mandal, Naraganapet Distict uitttrtut Jotlouing tlrc due process is wltollg iLlegal, arbitrary and contrary to Lau ..."

2. Considerecl the submissions of learned counsel for the petitioner; Sri H. Somaiah Ezra Shastri, learned Assistant Government Pleader for Assignment appearing for the respondents, and with their consent this writ petition is disposed of at the admission stage. It is stated that the petitioner is the owner and possessor of 3. land to an extent of Ac.2.24 guntas in Sy.No'49/AA situated at Nagireddypally Village, Narwa Mandai, Narayanapet District, having purchased the same under sada bainama in the year 7992 from Kuncha Timmanna S/o. Kuncha Kurmanna. It is further stated that the name of the petitioner is mutated in the revenue records and revenue authorities have also issued pattadar passbooks uzrCe I 2 passbook N: 'T I I 23010OS34. It is further stated tha. ,;larming that the petitton,:t. , found to be the transferee of the assrgne I latrds in contraveitti(,r r the provisions of the Sub_sectior (2) of t re Andhra Pradesh Asr;ielr , C Lands (prohibition of Transfers) A( r,, I|TZ (for short Acr-'), a r ( -lce, dated 17. 12.2024 in Forrn-fl has be cn issued by respondr:rrt frro.3, and soon after receipt of re same, the petitioner su b r Ltted her explanation dated 17.C2.2025 duly enclosing ztll t h rjocuments. The grievance of the petit or er is that without c,ln:;i:.1, I ing the said explanation and wirhortt cc nducting any enquirl. a !j I ,:r the provisions of the Act, the res portr lcnts are making efftrr s rlispose of the petitioner from the lanCs claiming that the slr b.j,:r t rnds are assigned lands.

4. Sri L \i iiLdhakrishna Murthy, learned cou tr;ci jbr the pctitior-rer srrlrr L r,ted that after issuance ol. orclt:r by the respondenr:;, h I petitioner is also entitled to ttle app,ei,rl and revision beforc t r .: authorities constituted under I he s1at.rte, and r., t lout passing a reasoned order, is ma[.in,3 efforts the subject landsr tb. u,hich the Tahsilcizr r- to dispossr:ss 1l , petitioner from passbooks har.c I r r:n issued.

5. Learn<'cl .r .:;istant Government pleader for Assignment appearing li:r th respondents has not disputed thal thr: lands purchased bv rl r petitioner under sada bainarrra. l,earned 3 I Assistant Government Pleader submitted that having found that the petitioner has purchased the assigned lands by way of sada bainama and on knowing that the petitioner is not entitled for issuance of pattadar passbooks in her favour, the respondents have rightly issued notice to the petitioner and there is no illegality or irregularity in the procedure adopted by the respondents' I I Be that as it may, since it is case of the petitioner that sada 6. bainama has been validated and pattadar passbooks are issued in her favour and by virtue of issuance of pat[adar passbooks' she is in possession and enjoyment of the said property' this Court is of the opinion that ends of justice would be met if the respondents are directed to examine the explanation dated 17.O2.2O25 submitted by the petitioner strictly in accordance with provisions of the Act, filed in support of the said 1977 , by considering the documents explanation and pass a reasoned order within a period of four (4) from the date of receipt of a copy of this order and communicate the same to the petitioner. Till such time, the respondents are directed not to take any coercive action against the petitioner' 7 With the above observations, this writ petition is disposed of No order as to costs I 4 As a ,,1ue1, the miscellaneous petitions pr.ncli:.tg, if any, shall rsLtr-rll osed. //TRUE COPY// SD/-K. AMMAJI EF:F'UTY REGISTRAR ' 'r sE(:,TloN oFFlcER The State of I Secretar at l-l :,angana, rep by its Principal Secretary, Rev3nrle Department, ', lerabad The Distric: l) , ,rctor, Narayanpet District at Narayanpet The Tahsiirl;rr \larva lt/andal, Narva, Narayanpet District r"rsildhar, Narva Mandal, f',larva, Narayanpet Dir:ifrict : I V RADHAKRISHNA MURTHY Advocate [OPUC] l'] FOR ASSIGNtt/ENT, High Cqurt for the S1ak,r of Telangana fhe Deput'z T One CC to Sl Two CCs t,t ( Two CD Coliit To, 1 2 a 4 5 6 7 KKS BS t, l ll, 1,, HIGH COU Ft'' DATED:101(t:t 12025 t'. tse l lal € 1 I ri tr,ti Zuzl a .L t ( t ORDER WP.No.7162l rf 2025 DISPOSING '''HE WRIT PETITION WITHOUT C( ISTS ;>-= \

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